IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2023-404-000266
[2023] NZHC 2337
BETWEEN YONGHAO HUANG
Appellant
AND
THE KING
Respondent
Hearing: 7 August 2023
Further memoranda filed on 18 August 2023 for Appellant, and on 25 August 2023 for Respondent
Appearances:
P E Dacre KC for Appellant
I L M Archibald for Respondent
Judgment:
25 August 2023
JUDGMENT OF VAN BOHEMEN J
[appeal against sentence]
This judgment was delivered by me on 25 August 2023 at 3:30 pm Registrar/Deputy Registrar
……………………………..
Counsel/Solicitors:
P E Dacre KC, Auckland Crown Solicitor, Auckland
HUANG v R [2023] NZHC 2337 [25 August 2023]
[1] On 24 May 2023, Yonghao Huang was sentenced by Judge N R Dawson to two years and eight months’ imprisonment after pleading guilty to and being convicted of six charges of money laundering.1 Mr Huang appeals his sentence on the grounds that the Judge’s starting point was excessive and that the Judge gave insufficient discounts for Mr Huang’s personal circumstances and other factors. The Crown opposes the appeal.
[2] At the same time as Mr Huang was sentenced, Judge Dawson sentenced two co-offenders, Nathan Nauer and Vetekina Naufahu, in relation to the same money laundering offending. Mr Nauer and Mr Naufahu also appealed their sentences. Their appeals were heard together before Mr Huang’s appeal but a decision on their appeals had not been issued when Mr Huang’s appeal was heard.
[3] Because the outcome of Mr Nauer’s appeal, in particular, could be relevant to Mr Huang’s appeal, I agreed with counsel that I would not decide Mr Huang’s appeal until the decision on the appeals by Mr Nauer and Mr Naufahu had been issued and counsel had had an opportunity to make written and oral submissions if they wished.
[4] In a judgment dated 10 August 2023, Edwards J allowed the appeals by Mr Nauer and Mr Naufahu and set aside the sentences imposed in the District Court.2 Her Honour found that a sentence of home detention was available for Mr Nauer and adjourned Mr Nauer’s appeal pending production of a report on the suitability of the proposed home detention address.3 Her Honour sentenced Mr Naufahu to a significantly shorter period of imprisonment under which he was eligible for release on the basis of time served.4
[5] In the light of this decision, I made timetable orders for counsel for Mr Huang and Crown counsel to file further submissions and to seek a further hearing if they wished.5 I also directed that an updated pre-sentence report be prepared to assess the suitability of Mr Huang’s home address for home detention.
1 R v Nauer [2023] NZDC 10329.
2 Naufahu v R [2023] NZHC 2129
3 At [62] – [63].
4 At [110].
5 R v Huang HC Auckland CRI-2023-404-000266, 11 August 2023 (Minute of van Bohemen J).
[6] Counsel for Mr Huang and for the Crown both filed further submissions. Neither asked to make oral submissions.
The offending
[7] Mr…
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