| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA148/2017 [2018] NZCA 147 |
| BETWEEN | THE QUEEN |
| AND | MERKINS BAH AGU |
| Hearing: | 22 March 2018 |
Court: | Winkelmann, Courtney and Mallon JJ |
Counsel: | JEL Carruthers for Appellant |
Judgment: | 10 May 2018 at 3.30 pm |
JUDGMENT OF THE COURT
The appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Winkelmann and Courtney JJ)
Introduction
In 2015 Mr Merkins Agu assisted in the importation of a total of just over 33 kilograms of methamphetamine. He was convicted following a jury trial on four charges of importing methamphetamine and one of attempting to possess methamphetamine for supply. Fogarty J sentenced Mr Agu to 16 years’ imprisonment and declined to impose a minimum period of imprisonment.[1] The Solicitor-General appeals on the ground that the sentence is manifestly inadequate and wrong in principle. The Solicitor-General argues that given the scale and seriousness of Mr Agu’s offending, the starting point and end point should have been at least 20 years’ imprisonment and a minimum period of imprisonment of 10 years should have been imposed.
Offending
The charges arose from four separate events. In June 2015, a package arrived in New Zealand from Thailand addressed to Mr Agu’s former wife’s nephew, at the address of Mr Agu’s former wife. The package contained handbags in which 952 grams of methamphetamine had been hidden.
In August 2015, a package arrived from China. The address it was to be sent to, “322 Barmey’s Farm Road, Clendom, Manurewa”, was very similar to Mr Agu’s address, 3/22 Barney’s Farm Road, Clendon. The package contained shoes in which 1.394 kilograms of methamphetamine had been hidden.
In October 2015, two United States citizens, Mr and Mrs Ross, were stopped at Auckland International Airport coming off a flight from Hong Kong. They were carrying two suitcases, to which they did not have keys and which they had been instructed to place in a locked storage facility for collection. New Zealand Customs Service (Customs) opened the suitcases and found just under 7 kilograms of methamphetamine. The suitcases were delivered in accordance with the instructions and eventually Mr Agu retrieved them. When he was located, however, he no longer had the suitcases and said that he had been paid $500 for retrieving them and sending them on. This incident formed the basis of one of the importing charges and the charge of attempting to possess methamphetamine for supply.
In December 2015, a package arrived in New Zealand with the delivery address of “2A Barney’s Farm Road, Clendon, Manurewa”. The named addressee was “Cindy Nazareth”. Mr Agu was in a relationship with Cindy Nazareth Pritchard and had previously lived at 2A Barney’s Farm Road. By the time the package arrived in New Zealand, Mr Agu had already been arrested and was in custody. Efforts by the unknown sender to re-direct the package were brought to the attention…
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- AGLC
- R v Agu [2018] NZCA 147
- Case
- [2018] NZCA 147
- Decision Date
CaseChat Overview and Summary
The court found that the sentencing judge had correctly assessed Mr. Agu's culpability and role in the offending. The court considered the quantity of methamphetamine involved, Mr. Agu's role as a "catcher", and the principles and purposes of sentencing. The court found that the starting point and end point of 16 years' imprisonment was within the available range of sentences and did not find the sentence manifestly inadequate or wrong in principle. Furthermore, the court found that the sentencing judge had correctly considered the requirements of s 86 of the Sentencing Act in deciding not to impose a minimum period of imprisonment. The appeal against sentence was dismissed.
The final orders of the court were that the appeal against sentence is dismissed.
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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