R v Afakasi

Case [2014] NZHC 2907


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-004-4424 [2014] NZHC 2907

THE QUEEN

v

HENRY AFAKASI KAINUI (BEN) KAUKASI FILIMAEA SILILOTO JORDAN IOANE

VADI TOBIA FOLAU POLAULU SIONE LAUNGAUE

JOHN FETU (aka TIMOTE TUPOU) CHRISTOPHER WISE JUSTIN LEE ABEL

Hearing: 20 November 2014

Appearances:

AJ Pollett for Crown

DPH Jones QC for Henry Afakasi SJ Bonnar QC for Kainui Kaukasi BL Sellars for Filimaea Sililoto RM Mansfield for Vadi Tobia

MN Pecotic for Jordan Ioane
AM Ives for Folau Polaulu
SNB Wimsett for Sione Laungaue
MW Ryan for John Fetu
MS Gibson for Christopher Wise
G Kayes for Justin Abel

Sentence:

20 November 2014

SENTENCING NOTES OF TOOGOOD J

R v AFAKASI & ORS [2014] NZHC 2907 [20 November 2014]

Table of Contents  Paragraph

Number

Introduction  [1] Background facts       [3] Approach to sentencing  [5] Henry Afakasi  [8] Starting point  [8] Personal circumstances  [20] Minimum period of imprisonment  [27]

Kainui (Ben) Kaukasi  [30] Starting point  [30] Personal circumstances  [36] Minimum period of imprisonment  [39] Filimaea Sililoto  [40] Starting point           [40] Personal circumstances  [49] Minimum period of imprisonment  [56]

Jordan Ioane  [58] Starting point  [58] Personal circumstances  [63]

Vadi Tobia, Folau Polaulu and Sione Laungaue  [68]

Starting   points   for   participating   in   an   organised criminal group

[69]

Vadi Tobia[73] Starting point  [73] Personal circumstances  [79]

Folau Polaulu  [86] Starting point  [86] Personal circumstances  [89]

Sione Laungaue  [94]

Starting point  [94]

Table of Contents  Paragraph

Number

Personal circumstances  [95] John Fetu      [98] Starting point [98] Personal circumstances  [104]

Justin Abel  [107] Starting point  [107] Personal circumstances  [112] Christopher Wise     [116] Starting point          [116]

The 2012 offending  [121] The 2014 offending  [122] Personal circumstances  [130]

Final sentences  [137]

Introduction

[1]      Henry Afakasi, Kainui (Ben) Kaukasi, Filimaea Sililoto, Jordan Ioane, Vadi Tobia, Folau Polaulu, Sione Laungaue, John Fetu, also known as Timote Tupou – I will refer to you as Mr Fetu, Christopher Wise and Justin Lee Abel, you appear for sentence after being found  guilty by a jury of  various  charges  relating to  your participation in a criminal group which was responsible for the manufacture of the Class A controlled drug methamphetamine; the production of the Class B controlled drug pseudoephedrine; and the distribution of those drugs.

[2]      Mr Wise, you appear for sentence also on a raft of charges stemming from offences you committed while on bail awaiting this trial, the sentencing for which was referred to this Court by the District Court.

Background facts

[3]      You  are  here  today  because,  after  a  fire  caused  by  an  explosion  at  a clandestine   methamphetamine   laboratory   in   Glendene,   West   Auckland   on

1 December  2011,  the  Police  mounted  an  extensive  operation  of  surveillance, interception and investigation into what proved to be a major drug-dealing enterprise which continued its activities for a period of 12 months up to  November 2012. Seven of you, and Zebulin Davoren, participated in the enterprise for varying lengths of time, to varying degrees, and  in varying roles; three of you were customers apprehended at the termination of the Police operation.

[4]…

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AGLC
R v Afakasi [2014] NZHC 2907
Case
[2014] NZHC 2907
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CaseChat Overview and Summary

In the case of R v Afakasi, the High Court of New Zealand sentenced multiple defendants involved in a large-scale methamphetamine and pseudoephedrine drug-dealing operation. The defendants were found guilty of various charges, including manufacturing, supplying, and possessing methamphetamine and pseudoephedrine, as well as participating in an organised criminal group. The court followed a structured approach to sentencing, taking into account the nature and extent of the defendants' offending, personal circumstances, and the principles and purposes of sentencing.

The court considered the defendants' roles in the offending and the total quantity of drugs involved in determining the starting points for their sentences. After assessing the totality of the offending and personal circumstances, the court adjusted the starting points accordingly. The final sentences varied depending on the individual defendants' roles, culpability, and personal circumstances. Some defendants were sentenced to imprisonment, while others received home detention sentences.

The court emphasised the importance of deterrence and denunciation in cases involving serious drug offending, and considered the need to promote a sense of responsibility and acknowledge the harm done to the community by the defendants' actions. The final sentences imposed on the defendants reflected the seriousness of their offending and the principles of sentencing.

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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