| NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OF IDENTITY OF PERSON NAMED “L” IN THIS JUDGMENT REMAINS IN FORCE. NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OF IDENTIFYING PARTICULARS OF BUSINESS ASSOCIATED WITH HUI ZHANG REMAINS IN FORCE. |
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA546/2015 [2017] NZCA 21 |
| BETWEEN | MICHAEL JEFFREY NEEMS |
| AND | THE QUEEN |
| CA589/2015 | |
| BETWEEN | GUO PEI CHEN |
| AND | THE QUEEN |
| CA606/2015 | |
| BETWEEN | DESMOND LOKE |
| AND | THE QUEEN |
| CA649/2015 | |
| BETWEEN | DESMOND RILEY LINGARD SHARP |
| AND | THE QUEEN |
| Hearing: | 11 August 2016 |
Court: | Winkelmann, Williams and Gilbert JJ |
Counsel: | P J Kaye for Appellant Neems |
Judgment: | 22 February 2017 at 11 am |
JUDGMENT OF THE COURT
AMr Sharp is granted an extension of time to appeal.
BMr Sharp is granted leave to amend his grounds of appeal.
CAll appeals are dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Williams J)
Introduction
The appellants in these appeals were among the targets of Operation Gem. This operation was an investigation into the importation and distribution of pseudoephedrine, and the manufacture and distribution of methamphetamine. The operation was undertaken between August and December 2013. It detected a relatively sophisticated drug operation at the apex of which was Hui Zhang,[1] who imported pseudoephedrine from China on a very large scale, repackaged and distributed it in smaller but still substantial amounts. This was done via trusted couriers to second-tier members of the syndicate. These individuals then on‑distributed to manufacturers of methamphetamine usually in return for a cut of the proceeds. The pseudoephedrine was imported in the form of Contac-NT and is an important precursor ingredient in the manufacture of methamphetamine.
[1]Mr Zhang has also filed an appeal but this was adjourned and so was not heard as a part of this consolidation of the Operation Gem appeals.
The appellants Mr Chen and Mr Sharp were second-tier distributors. Over the course of Operation Gem, Mr Chen was involved in 13 transactions involving 11.25 kilograms of pseudoephedrine valued at an estimated $1 million. Mr Sharp admitted to charges of supply, and possession for supply, of 7.5 kilograms of pseudoephedrine having an estimated value of $664,000. Mr Sharp also used the product to manufacture methamphetamine for profit in his own right. A search of the address occupied by Mr Sharp and his family revealed a relatively large-scale clandestine lab, together with significant quantities of stored cash. Police found 112 grams of finished methamphetamine in a bedroom at the address. The appellant Mr Loke was found to be part of this manufacturing operation. He was convicted of possession of the 112 grams of methamphetamine as well as possession of equipment, materials and precursor substances.
Mr Neems was apprehended while driving a car in which police found 22 Contac-NT sets, containing just under two kilograms of pseudoephedrine to the value of $176,000. The pseudoephedrine had passed through a…
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- AGLC
- Neems v The Queen [2017] NZCA 21
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- [2017] NZCA 21
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