| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA501/2024 |
| BETWEEN | FELIPE MONTOYA-OSPINA |
| AND | THE KING |
| Hearing: | 18 February 2025 |
Court: | Palmer, Peters and Edwards JJ |
Counsel: | E Huda and S C Kim for Appellant |
Judgment: | 11 April 2025 at 11 am |
JUDGMENT OF THE COURT
AThe application for an extension of time is granted.
BThe application to adduce evidence is granted.
CThe appeal is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Edwards J)
The appellant, Mr Montoya-Ospina, pleaded guilty to charges of:
(a)participating in an organised criminal group;
(b)importing into New Zealand an estimated 11.4 kilograms of cocaine;
(c)attempting to import 28.87 kilograms of cocaine; and
(d)supplying and offering to supply cocaine.
He was sentenced in the High Court to 14 years and seven months’ imprisonment.[1]
[1]R v Montoya Ospina [2024] NZHC 1817 [judgment under appeal] at [47].
Mr Montoya-Ospina appeals against the sentence on the grounds that the starting point was too high and the adjustment for guilty pleas was inadequate.
The notice of appeal was filed four days late. The Crown does not object to the appeal being filed out of time and there is no prejudice in allowing an extension. We grant an extension of time to bring the appeal.
Offending
Mr Montoya-Ospina was part of a group of Colombian and Argentinian nationals who were employed as dairy farmhands in rural Canterbury. The group imported wholesale quantities of cocaine into New Zealand sourced from a cartel in Colombia.
The sentencing Judge described the nature of Mr Montoya-Ospina’s offending as follows:
[3] Your offending arises out of a significant police investigation into the importation of cocaine into this country from South America. It involved international co-operation with Colombian and Spanish Police, and American drug enforcement authorities. The drug syndicate operated from at least January 2018 to December 2021 and used farm workers, such as yourself, as “cover”. It is estimated 42.5 kilograms of cocaine with a street price of over $19,000,000 was imported into New Zealand. A further 59.1 kilograms of cocaine with a street value of more than $26,000,000 was also intercepted.
[4] … You are described as a senior member of the syndicate. You were involved in the importation and attempted importation of cocaine into New Zealand and personally supplied cocaine to other members of the organised criminal group based in Auckland. Your home address included an area specifically for deconstructing packaged items in which cocaine was imported. You were a trusted member of the syndicate who received packages of cocaine and was in charge of the deconstruction of those packages. However, you had limited, if any, contact with the overseas suppliers.
[5] Your offending occurred between 1 January 2018 and December 2021. In that period, you successfully imported seven packages of cocaine into New Zealand that weighed some 11.4 kilograms. You attempted to import a further five packages of cocaine that amounted to 28.87…
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- Case
- [2025] NZCA 112
- Decision Date
CaseChat Overview and Summary
The final orders of the Court were to grant the extension of time for the appeal, to allow the admission of new evidence, and to dismiss the appeal.
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