Kite v The King - [2025] NZHC 1624

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CRI-2025-442-11&12 [2025] NZHC 1624

BETWEEN JOEL LAWRENCE KITE
Appellant

AND THE KING
Respondent

Hearing: 3 June 2025 Appearances: E J Riddell for Appellant
M A O’Donoghue for Respondent

Judgment: 18 June 2025

JUDGMENT OF BOLDT J

Sentence appeal

Introduction

[1] The appellant, Joel Kite, pleaded guilty to charges of participating in an organised criminal group,1 failing to carry out his obligations in relation to a computer search2 and a representative charge of supplying methamphetamine.3 On 11 March 2025, Judge J E Rielly sentenced him to three years and three months’ imprisonment.4 Mr Kite appeals against his sentence.

1      Crimes Act 1961, s 98A. Maximum penalty 10 years’ imprisonment.
2      Search and Surveillance Act 2012, s 178. Maximum penalty three months’ imprisonment.
3      Misuse of Drugs Act 1975, ss 6(1)(c) and 6(2)(a). Maximum penalty life imprisonment.
4      R v Kite [2025] NZDC 5214 [Decision under appeal].

KITE v R [2025] NZHC 1624 [18 June 2025]

Background

[2] Until recently, Mr Kite was a patched member of the Southern Swarm chapter of the Killer Beez. The Southern Swarm operates in Nelson, Marlborough and Canterbury, and on the West Coast of the South Island.

[3] Between 31 July and 1 December 2023, Mr Kite and his brother Tony were heavily involved in the Southern Swarm’s Marlborough-based methamphetamine dealing operation. The brothers lived in Blenheim. They were personally involved in dealing methamphetamine and in supplying other Swarm members who sold methamphetamine to customers. In discussion with an undercover Police officer, Mr Kite said he was in charge of the Blenheim cohort of the Swarm, which had around five or six members.

[4] Mr Kite pleaded guilty on the basis of a summary of facts which recorded that he had supplied 109 grams of methamphetamine over the four-month period covered by the charge. That figure arose from a series of specific transactions Police were able to identify, though the Crown asserted, in its submissions opposing Mr Kite’s appeal, that the scale of the dealing operation was likely to be far more significant. Mr Kite’s sentence reflected the drugs he supplied personally and his membership of a wider criminal enterprise which was engaged in commercial dealing.

Procedural history

[5] Mr Kite was arrested when the undercover operation terminated at the beginning of December 2023. He initially faced eleven charges, including conspiracy to supply methamphetamine and multiple individual charges of supply. He was given bail on 12 December 2023.

[6] Mr Kite sought a sentence indication, which was given on the basis that the number of charges would be reduced from eleven to three. While the new summary emphasised Mr Kite’s important role in managing the Marlborough operation and in meeting regularly with his street-level dealer to ensure he was well supplied, the Crown agreed the dealing charge could proceed on the basis that Mr Kite personally sold 109 grams.

[7] The Judge indicated she regarded Mr Kite’s role as…

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.

Continue reading Kite v The King

Details

AGLC: Kite v The King [2025] NZHC 1624
Case: [2025] NZHC 1624
Decision Date: 18 June 2025

CaseChat Overview and Summary

In Kite v The King, the appellant, Joel Kite, appealed his sentence for participating in an organised criminal group, failing to carry out his obligations in relation to a computer search, and supplying methamphetamine. The District Court sentenced Mr Kite to three years and three months’ imprisonment. The key legal issues in this appeal were whether the High Court should reduce the starting point and the extent to which the Judge had appropriately taken into account mitigating factors such as the appellant's disadvantaged upbringing, commitment to rehabilitation, and the impact of his imprisonment on his family. The High Court found that while the six-year starting point was appropriate, the Judge had not sufficiently considered the exceptional circumstances of Mr Kite’s upbringing and his commitment to rehabilitation. The Court accepted that a reduction of no less than 20 per cent was warranted, and that an additional reduction of five to ten per cent was also appropriate. The appeal was therefore allowed, and Mr Kite was re-sentenced to two years and nine months’ imprisonment for the methamphetamine charge, with the sentences on the other charges remaining unchanged.

Orders