AWe grant an extension of time within which Michael Edwin Debreceny may bring his appeal.
BThe appeals against conviction by all three appellants are dismissed.
CThe appeals against sentence by Kien Trung Dao and Michael Edwin Debreceny are dismissed.
DThe appeal against sentence by Kakada Kevin Chea is allowed and the sentences imposed in the High Court on the lead offences of importing methamphetamine are quashed.
EIn their place sentences on the lead offences of 16 years and 8 months’ imprisonment are substituted. The minimum period of imprisonment of 50 per cent remains in place. All other sentences imposed are confirmed, including their concurrent nature.
A sophisticated commercial operation [1] High Court trial [7] Conviction appeal by Mr Chea [12]
Sufficiency of evidence of importation [13] Inconsistent verdicts [21]
Use of a representative charge for possession of methamphetamine for supply [26]
Sufficiency of evidence on the supply charge [33]
Result[36]
Conviction appeal by Mr Dao [37]
Sufficiency of evidence against Mr Dao on supply count [38]
Splitting of the possession for supply and supply charges [42]
(a)Possession for supply [43]
(b)Supply [46]
Sufficiency of evidence on receiving charges [49] Admissibility of expert evidence [53] Failure to put Mr Dao’s defence [59] Misdirections as to the use of the evidence [65]
(a)Expert evidence [66]
(b)Text messages [68]
Misdirection on reasonable doubt [69] Misdirection on the elements of importation [73] Result [79]
Conviction appeal by Mr Debreceny [80]
Insufficiency of evidence [83] Inconsistent verdicts [93] Failure to put Mr Debreceny’s defence [97] Result [101]
The sentence appeals [102]
Mr Chea [104] Mr Dao [113] Mr Debreceny [120]
A sophisticated commercial operation
The activities of the appellants, Messrs Chea, Dao and Debreceny, involving what became known as the “Chews Lane methamphetamine ring”, led to a police investigation dubbed “Operation Rubber”. This investigation uncovered a sophisticated commercial drug operation with international supply connections. The Crown case was that methamphetamine was imported from Canada, using the contacts Messrs Chea and Dao had in both Vietnam and Canada to source the product. To avoid detection at the point of entry to New Zealand, the methamphetamine was mixed with an inorganic substance (thought to be plaster) and a green dye added. When set it appeared to be a solid green object resembling Packages were sent from Toronto, Canada to Wellington in July 2013, October 2013 and February 2014. The latter two packages were imported with…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
Chea v The Queen [2016] NZCA 207
Case
[2016] NZCA 207
Decision Date
CaseChat Overview and Summary
In Chea v R, three appellants, Messrs Chea, Dao and Debreceny, appealed against their convictions and sentences for involvement in a drug trafficking operation involving the importation of methamphetamine. The appellants had been found guilty of various charges including importing methamphetamine, possession for supply, and receiving stolen property. The appeals against conviction by all three appellants were dismissed. The appeal against sentence by Kakada Kevin Chea was allowed and the sentences imposed in the High Court on the lead offences of importing methamphetamine were quashed. In their place, sentences on the lead offences of 16 years and 8 months’ imprisonment were substituted. All other sentences imposed were confirmed, including their concurrent nature.