Jack-Kino v The Queen

Case [2021] NZHC 1468


IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2021-463-000051

[2021] NZHC 1468

BETWEEN

GRAYSON JACK-KINO

Appellant

AND

THE QUEEN

Respondent

Hearing: 14 June 2021

Counsel:

B Nabney for appellant

J Sutton for respondent for respondent

Judgment:

21 June 2021


JUDGMENT OF KATZ J

[Appeal against conviction and sentence]


This judgment was delivered by me on 21 June 2021 at 2:30 pm

Registrar/Deputy Registrar

Solicitors:           Pollett Legal Limited, Tauranga

Counsel:            W T Nabney, Tauranga Chambers, Tauranga

JACK-KINO v R [2021] NZHC 1468 [21 June 2021]

Introduction

[1]    On 15 March 2021, Grayson Jack-Kino appeared in the Tauranga District Court before Judge A-M J Bouchier for  a  Judge  alone  trial.  Judge  Bouchier found Mr Jack-Kino guilty of possession of methamphetamine, possession of methamphetamine for the purpose of supply and possession of a precursor substance, namely iodine.1 On 20 April 2021, Judge Bouchier sentenced Mr Jack-Kino to eight years and one months’ imprisonment on those charges.2

[2]    Mr Jack-Kino appeals against his conviction on the charges of possession of methamphetamine for the purpose of supply and possession of a precursor substance. The issues raised in the conviction appeal are:

(a)whether the Judge erred in finding that Mr Jack-Kino knew that two bottles labelled “acetone” actually contained methamphetamine in liquid form; and

(b)whether the Judge erred in finding that Mr Jack-Kino was in possession of iodine for the purpose of manufacturing methamphetamine.

[3]    In the event that his conviction appeal is unsuccessful, Mr Jack-Kino appeals the sentence imposed in respect of the lead charge of possession of methamphetamine for the purpose of supply.   The issue is  whether the Judge erred in  finding  that    Mr Jack-Kino had a significant role in the intended supply of methamphetamine, and consequently adopted a starting point that was too high.

Background

[4]    On 7 October 2019, Mr Jack-Kino was inducted into a one year sentence of home detention at an address in Matapihi, Mount Maunganui. The property comprised a number of dwellings and outbuildings. Mr Jack-Kino lived in a Portacom building roughly the size of a bedroom.


1      R v Jack-Kino [2021] NZDC 9501.

2      R v Jack-Kino [2021] NZDC 7160.

[5]    On 11 February 2020, Mr Jack-Kino was at home when the police executed a search warrant. During the search, the police found approximately 15.4 kilograms of iodine prills3 in a cardboard drum that had a duvet stuffed into the top of it, two bottles marked “acetone” that contained 100.9 grams of methamphetamine in liquid form, and a small ziplock bag (located in a small cannister) containing methamphetamine in powder form.

[6]    Mr Jack-Kino gave evidence at trial. He said that when he was fixing a fence on the property to prevent animals escaping he came across a cardboard drum wrapped in a blanket. He unwrapped it and discovered a black plastic bag inside the drum. Although a large green label saying “QIodine”  was  printed  onto  the  cardboard, Mr Jack-Kino said he did not see that. The drum…

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Jack-Kino v The Queen [2021] NZHC 1468
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[2021] NZHC 1468
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CaseChat Overview and Summary

In Jack-Kino v The Queen, Grayson Jack-Kino appeals against his conviction and sentence for possession of methamphetamine, possession of a precursor substance, and possession of methamphetamine for the purpose of supply. Jack-Kino was found guilty in the Tauranga District Court of the three charges and sentenced to eight years and one month's imprisonment. The High Court was tasked with determining whether the District Court Judge erred in finding Jack-Kino guilty of the charges and whether the sentence imposed was appropriate.

The central issues in the appeal against conviction were whether the Judge erred in finding that Jack-Kino knew that two bottles labelled "acetone" actually contained methamphetamine in liquid form, and whether the Judge erred in finding that Jack-Kino was in possession of iodine for the purpose of manufacturing methamphetamine. The High Court found that the Judge's adverse credibility finding in respect of Jack-Kino's evidence was well supported by the totality of the evidence, and that the evidence clearly supported the Judge's finding that Jack-Kino knew that the bottles labelled acetone contained methamphetamine. The High Court also found that the quantity of iodine possessed by Jack-Kino pointed strongly towards him possessing it for the purpose of manufacturing methamphetamine.

The appeal against sentence focused on whether the Judge erred in finding that Jack-Kino had a significant role in the intended supply of methamphetamine, and consequently adopted a starting point that was too high. The High Court found that the evidence was too scant to support the inference that Jack-Kino played a significant or leading role in the operation, and that his role was more limited than that. The High Court assessed the appropriate starting point as being four years and six months' imprisonment.

The appeal against conviction was dismissed, while the appeal against sentence was allowed. The sentence of eight years and one month's imprisonment was quashed and substituted with a sentence of six years and seven months' imprisonment.

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