| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA722/2011 [2012] NZCA 430 |
| BETWEEN STEVEN JOHN BAIRD |
| AND THE QUEEN |
| CA855/2011 |
| AND BETWEEN ROBERT JONES |
| AND THE QUEEN |
| CA7/2012 |
| AND BETWEEN JIALIN WU |
| AND THE QUEEN |
| CA279/2012 |
| AND BETWEEN ZHONG JIE TANG |
| AND THE QUEEN |
| Hearing: 23 August 2012 |
| Court: Harrison, Fogarty and Courtney JJ |
| Counsel: A G Speed and S Clark for Appellant Baird S Tait for Appellant Jones D S Niven for Appellant Wu P J Kaye for Appellant Tang B D Tantrum and M R Walker for Respondent |
| Judgment: 21 September 2012 at 10.30 am |
JUDGMENT OF THE COURT
AMr Baird’s appeal against conviction is dismissed.
BMr Tang’s appeal against sentence is allowed. The sentence of 13 years imprisonment is quashed. A sentence of 11 and a half years imprisonment is substituted.
CAll other appeals against sentence are dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Courtney J)
Table of contents
| Para No | |
| Introduction | [1] |
| Appeal against conviction by Steven John Baird | [7] |
| Grounds of appeal | [7] |
| Should the Crown have advanced its case against Mr Baird on counts 5 and 7 under both s 66(1) and (2)? | [9] |
| The trial Judge’s summing up | [15] |
| Unreasonableness and the proviso to s 385 | [33] |
| Appeal against sentence by Zhong Jie Tang | [40] |
| The starting point and disparity with Mr Sims | [42] |
| Was the uplift too great? | [57] |
| Result | [60] |
| Appeal against sentence by Steven John Baird | [61] |
| Should the Judge have placed greater weight on Mr Baird’s personal circumstances? | [65] |
| Did the end sentence fairly reflect the totality of the offending? | [74] |
| Minimum period of imprisonment | [77] |
| Appeal against sentence by Jialin Wu | [84] |
| Was the starting point too high? | [85] |
| Was the uplift excessive? | [91] |
| Was the end sentence excessive? | [92] |
| Appeal against sentence by Robert Jones | [95] |
| Was the starting point too high compared to that taken for other offenders? | [97] |
| Weight given to mitigating factors | [100] |
| Result | [103] |
Introduction
The appellants and two others were convicted on charges of manufacturing and supplying methamphetamine and other related offences following a jury trial in the High Court at Auckland before Woodhouse J.[1] One of the appellants, Steven John Baird, appeals his conviction. All, including Mr Baird, appeal their sentences.[2]
[1] The two others convicted have not appealed.
[2] R v Tang HC Auckland CRI-2009-004-13439, 6 October 2011.
The charges followed a police operation that included the surveillance of the Jacaranda Motel in Epsom. The Crown alleged that the accused were party to a common enterprise to manufacture and supply methamphetamine. The roles taken by the various accused were established mainly through intercepted text messages and phone calls. Other evidence was found following searches of the motel and other premises at the termination of the operation.
Zhong Jie Tang, the lessee of the motel, was the organiser of the enterprise. Terence Arthur Sims (not an appellant) was the cook. Steven Baird was primarily involved in the supply of the methamphetamine but…
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- AGLC
- Baird v R [2012] NZCA 430
- Case
- [2012] NZCA 430
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Orders
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