| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA304/2021 [2022] NZCA 343 |
| BETWEEN | SALESIO POMALE |
| AND | THE QUEEN |
| Hearing: | 14 July 2022 |
Court: | Miller, Lang and Cull JJ |
Counsel: | M J Taylor-Cyphers for Appellant |
Judgment: | 28 July 2022 at 11.30 am |
JUDGMENT OF THE COURT
AThe application for leave to appeal out of time is granted.
BThe appeal against sentence is allowed.
CThe sentences of 11 years’ imprisonment are quashed and concurrent sentences of nine years, five months’ imprisonment are imposed in their place.
____________________________________________________________________
REASONS OF THE COURT
(Given by Lang J)
Mr Pomale pleaded guilty to three charges of conspiring to supply methamphetamine,[1] one charge of offering to supply methamphetamine and one charge of supplying methamphetamine.[2] On 31 October 2019, Venning J sentenced Mr Pomale to 11 years’ imprisonment.[3]
Mr Pomale appeals against sentence. He contends the Judge erred by adopting a starting point for the sentence that was too high and then failed to provide an adequate discount for mitigating factors. He says this led to a sentence that was manifestly excessive.
Leave to appeal out of time
The appeal was not filed until 1 June 2021 and is therefore well out of time. However, the Crown is not prejudiced by the delay and does not oppose leave to appeal out of time being granted. Leave is granted accordingly.
The offending
The police arrested Mr Pomale following an investigation into the activities of a methamphetamine supply network over a period of several weeks during 2017. The evidence that the police relied on to prosecute members of the network largely comprised intercepted communications between 21 August 2017 and 6 September 2017. The main supplier within the network was a Mr To’a, whilst a Mr Puhara was involved with sales at street level. The Judge described Mr Pomale as being a “go‑between” or “middleman” between Mr To’a and Mr Puhara.[4]
[4]At [3].
Intercepted communications revealed that on or about 21 August 2017 Mr Pomale and Mr Puhara conspired to supply four ounces (112 grams) of methamphetamine for the sum of $8,500 per ounce. This followed other discussions earlier in the day about the sale of methamphetamine.
Between 21 August and 1 September 2017 Mr Pomale offered to supply at least 499 grams of methamphetamine to several people, including Mr Puhara. Between 21 August and 6 September 2017 Mr Pomale supplied Mr Puhara with at least 721 grams of methamphetamine and received the sum of approximately $117,370 for doing so.
On 1 September 2017 Mr Pomale and Mr Puhara, together with others, conspired to supply a total of 28 ounces (784 grams) of methamphetamine. An unknown associate of Mr Puhara was to be the purchaser of 504 grams of this amount. This arrangement was called off when it was at an advanced stage.
Mr Pomale therefore supplied, offered to supply or…
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- Pomale v R [2022] NZCA 343
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- [2022] NZCA 343
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