Leota v The King - [2024] NZHC 269

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2023-418-12

[2024] NZHC 269

IN THE MATTER of an appeal against sentence

BETWEEN

GORDON SYDNEY THOMAS LEOTA

Appellant

AND

THE KING

Respondent

Hearing: 7 February 2024

Appearances:

N R Wham for Appellant

W J S Mohammed for the Respondent

Judgment:

22 February 2024

JUDGMENT OF OSBORNE

Introduction

[1] Gordon Leota pleaded guilty to one charge (representative) of supplying or offering to supply methamphetamine;1 one charge of assault on a person in a family relationship;2 and one charge of threatening behaviour.3 In August 2023 he was sentenced by Judge Couch to three years’ imprisonment on the methamphetamine charge with short concurrent sentences of imprisonment on the other charges. I will refer to the methamphetamine sentence as “the sentence”.

1      Misuse of Drugs Act 1975, s 6(1)(c). Maximum penalty: life imprisonment.
2      Crimes Act 1961, s 194A. Maximum penalty: two years’ imprisonment.
3      Summary Offences Act 1981, s 21(1)(a). Maximum penalty: three months’ imprisonment.

LEOTA v R [2024] NZHC 269 [22 February 2024]

[2] Mr Leota now appeals the sentence on the basis that the starting point adopted was too high and insufficient credit was given to reflect personal mitigating factors, resulting in an end sentence that was manifestly excessive.

Facts

Drug offending

[3]Mr Leota undertook 15 completed or proposed drug transactions, being:

(a)12 instances of supplying or offering to supply methamphetamine between 4 and 29 June 2022; and

(b)three further instances of supply between 11 and 18 December 2022.

[4] The amount of methamphetamine supplied, or offered for supply, in those two periods was 35 grams. This had a street value of approximately $17,500.

[5] Mr Leota was a close associate of the Aotearoa Native Gang vice president at the time, Jason McKenzie. Text messages between Mr Leota and Mr McKenzie indicate that Mr McKenzie was regularly purchasing methamphetamine from Mr Leota.

[6] Mr McKenzie would also provide additional customers for Mr Leota in exchange for a small commission. Mr Leota and his girlfriend at the time would text referring methamphetamine customers to one another for smaller amounts depending on their ability to supply.

[7] Mr Leota travelled to Wellington on 20 June 2022 to purchase methamphetamine. On another occasion Mr Leota arranged for an associate to travel to Wellington for this purpose also. Mr Leota offered to supply an ounce (28.35 grams) following these trips.

[8] For the most part, customers in the November/December 2022 period would travel to Mr Leota’s home to purchase methamphetamine. On occasion he would meet them at other locations.

[9] Mr Leota was unemployed throughout both periods of offending — methamphetamine appears to have been his primary source of income.

[10] On 12 January 2022, police executed a search warrant at Mr Leota’s address and found common indicators of supply, including scales, tick-lists and 12 mobile phones. The police also located a police radio scanner and a taser weapon. In addition, police found indicators of use of methamphetamine…

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 Leota v The King

Details

AGLC: Leota v The King [2024] NZHC 269
Case: [2024] NZHC 269
Decision Date: 22 February 2024

CaseChat Overview and Summary

Gordon Sydney Thomas Leota appealed his sentence for supplying methamphetamine, assaulting a partner, and threatening behaviour. The District Court imposed a three-year sentence on the methamphetamine charge with concurrent short sentences for the other charges. The appeal focused on the starting point for the methamphetamine sentence being too high and insufficient credit given for personal mitigating factors. The High Court held that while the starting point should have been slightly lower, the overall sentence was not manifestly excessive. The court found the District Court appropriately assessed Mr Leota’s culpability and considered his background and rehabilitation potential in determining the sentence. The appeal was dismissed, and the original sentence was upheld.

Orders