Masters v The Queen

Case [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…

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Masters v The Queen [2012] NZHC 1831
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[2012] NZHC 1831
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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

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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