Masters v The Queen - [2012] NZHC 1831

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2011-404-185 [2012] NZHC 1831

JOSHUA MASTERS

v

THE QUEEN

Hearing: 24, 25, 28 May 2012
Submissions received: 18 and 20 June 2012

Counsel: RM Mansfield and V Withy for Prisoner
J Shaw for Crown

Judgment: 25 July 2012

JUDGMENT OF TOOGOOD J

[DISPUTED FACTS HEARING UNDER S 24 SENTENCING ACT 2002]

This judgment was delivered by me on 25 July 2012 at 4:00 pm
Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

Solicitors:
RM Mansfield/V Withy, Barrister, Auckland: ron@22lorne.c.nz
J Shaw, Meredith Connell, Auckland: Joshua.shaw@meredithconnell.co.nz

MASTERS V R HC AK CRI-2011-404-185 [25 July 2012]

Table of Contents Paragraph

Number

Introduction [1] The Crown’s case [5] The defence case [13]

The Crown’s contentions as to the effect of Mr Masters’s
guilty pleas and Nguyen’s convictions

Crown to prove aggravating features beyond reasonable doubt

[18]

[23]

Did “a friend” mean an ounce of methamphetamine? [24]

Conclusion [55]

Other incriminating communications between Mr Masters and others

[56]

Tatum Masters [57] The woman in Rotorua [63] “Old school coins” [64] Other conversations [65]

Nguyen’s convictions [67]

Conclusion on extent of offending [68]

Supply of methamphetamine to Jamie Liu on 23 April 2008 (count 7)

Conspiracy with Minh Hong Nguyen to supply methamphetamine to others on 1 May 2008 (count 10)

Supplying methamphetamine to others between
12 February 2008 and 5 May 2008 (count 22)

[69] [70]

[71]

Money laundering (count 25) [77]

Introduction

[1] Joshua James Masters was arrested in May 2008 at the termination of a major Police investigation into the activities of the Tribesmen and the Killer Beez gangs which included some 84 days of intercepting telephone calls and text messages. On
6 September 2009, on the first day of the scheduled trial of Mr Masters and eight co- accused, Mr Masters pleaded guilty to four counts in the indictment, as follows:

(a) On or about 23 April 2008, at South Auckland, supplied the Class A

controlled drug methamphetamine to Jamie Liu (Count 7).

(b)On or about 1 May 2008, at South Auckland, conspired with Minh Hong Nguyen to supply the Class A controlled drug methamphetamine to other persons (Count 10).

(c) Between 12 February 2008 and 5 May 2008, at South Auckland, supplied the Class A controlled drug methamphetamine to other persons (representative charge) (Count 22).

(d)Between 12 February 2008 and 5 May 2008, at Auckland, in respect of property, namely cash, that was the proceeds of a serious offence, engaged in a money laundering transaction, knowing or believing that all or part of the property was the proceeds of a serious offence, or being reckless as to whether or not the property was the proceeds of a serious offence (Count 25).

[2] In respect of the money laundering charge, Mr Masters was charged jointly with his domestic partner, Natalie Patricia Marsden Eyles. Ms Eyles was discharged during the trial under s 347 of the Crimes Act 1961. Mr Liu was acquitted of a charge of supplying methamphetamine to others…

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 Masters v The Queen

Details

AGLC: Masters v The Queen [2012] NZHC 1831
Case: [2012] NZHC 1831
Decision Date: 25 July 2012

CaseChat Overview and Summary

Joshua James Masters was arrested in May 2008 at the termination of a major Police investigation into the activities of the Tribesmen and the Killer Beez gangs which included some 84 days of intercepting telephone calls and text messages. Masters pleaded guilty to four counts in the indictment, including supplying methamphetamine, conspiracy to supply methamphetamine, and money laundering. The remaining 11 counts in the indictment against Masters have not been disposed of, pending his sentencing. The Crown asserts that Masters was the leader of the Killer Beez gang and that, as the numerous convictions of gang members for methamphetamine offending attests, the gang was heavily involved in major drug dealing. Masters disputes the Crown’s contention that it is proper to infer from the content and circumstances of the communications that he was directly involved inprocuring and on-supplying methamphetamine. The Court found that Masters was guilty as a principal party of the offending to which he pleaded guilty and that the quantities of methamphetamine involved in each case were as set out below. The Court also found that Masters enjoyed leadership status among the group associated with the Killer Beez gang who were convicted at trial along with Nguyen and in other criminal proceedings.

Orders