| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA151/2020 [2020] NZCA 484 |
| BETWEEN | TEVITA MATANGI FANGUPO |
| AND | THE QUEEN |
| Hearing: | 29 September 2020 |
Court: | Collins, Mallon and Ellis JJ |
Counsel: | T M Cooper and C G Farquhar for Appellant |
Judgment: | 14 October 2020 at 11.00 am |
JUDGMENT OF THE COURT
AThe application for an extension of time to appeal is granted.
BThe appeal against sentence is allowed.
CThe sentence of 17 years’ imprisonment imposed in the High Court is quashed and substituted with a sentence of 14 years and five months’ imprisonment.
DThe order for a minimum period of imprisonment of 50 per cent imposed by the High Court is quashed and substituted with a minimum period of imprisonment of 40 per cent.
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REASONS OF THE COURT
(Given by Collins J)
Introduction
On 7 November 2019, Mr Fangupo was sentenced to 17 years’ imprisonment by Downs J, following a trial in which Mr Fangupo was convicted of eight charges of importing slightly over 20 kilograms of methamphetamine.[1] Mr Fangupo was also sentenced to shorter concurrent terms of imprisonment in relation to convictions for attempting and conspiring to import methamphetamine, one charge of importing cocaine and one charge of possessing a firearm. He pleaded guilty to the firearms offence at the beginning of the trial.
[1]R v Fangupo [2019] NZHC 2896 [Sentencing notes].
Mr Fangupo appeals his sentence of 17 years’ imprisonment and an order that he serve a minimum period of imprisonment (MPI) of eight and a half years before he is considered eligible for parole.
The essence of Mr Fangupo’s appeal is that the 19-year starting point adopted by Downs J in relation to the methamphetamine importing convictions was excessive, and that the Judge failed to make appropriate deductions to reflect Mr Fangupo’s personal circumstances. It is contended these errors led to a manifestly excessive sentence.
Mr Fangupo’s appeal was filed approximately three months out of time. The Crown acknowledges no prejudice has arisen as a result of this delay and the application for an extension of time is not opposed. We therefore grant the application to extend time for filing the appeal.
Sentencing decision
Mr Fangupo was tried with Messrs Kulu, Finau and Ikuia. All four defendants were sentenced together. Some of the Judge’s findings in relation to Mr Kulu also applied to Mr Fangupo and vice versa.
Based on the evidence he observed during the five-week trial, Downs J was satisfied Mr Fangupo and Mr Kulu had “complementary, leading roles”[2] in a criminal organisation that set out to import large quantities of methamphetamine into New Zealand from California. Mr Finau and Mr Ikuia played lesser roles in the enterprise.
[2]At [16].
Downs J was satisfied Mr Kulu, who had been deported from the United States to New Zealand, used his contacts in California to arrange the importation of methamphetamine from California to New Zealand. Mr Fangupo arranged addresses…
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- Fangupo v R [2020] NZCA 484
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- [2020] NZCA 484
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