R v Ali - [2016] NZHC 3077

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2015-092-6886 [2016] NZHC 3077

THE QUEEN

v

FAROZ ALI JAFAR KURISI

Hearing: 15 December 2016

Counsel:

L Clancy and J M Pridgeon for Crown
P Broad and S Leith for Mr Ali
M S Sabu Khan for Mr Kurisi

Judgment:

15 December 2016

SENTENCING NOTES OF HEATH J

Solicitors:
Crown Solicitor, Manukau
Counsel:
P Broad, Manukau
S Leith, Auckland
M S Sabu Khan, Auckland

R v ALI and KURISI [2016] NZHC 3077 [15 December 2016]

Introduction

[1] Mr Ali, please stand.

[2] Faroz Ali, you appear for sentence today on a total of 57 charges, the most serious of which involve people trafficking. You entered pleas of guilty to some of the charges. On others, you were found guilty by a jury after a trial. I sentence you on the basis of my own assessment of the evidence given at trial.

[3] You were due to be sentenced today in conjunction with a co-offender, Mr Jafar Kurisi. He has pleaded guilty to lesser charges involving exploitation of employees. He was taken to Tauranga Hospital this morning in an emergency situation. In that case, I cannot sentence today. Mr Kurisi’s sentencing is adjourned to 9am on 2 February 2017. That will take place in the High Court at Tauranga. Mr Kurisi is remanded on existing terms for sentence on that date.

[4] Mr Ali, my sentencing remarks may take a little time to deliver. You may be seated at this stage. I will ask each of you to stand when I pass sentence.

Background

[5] You were tried over 18 sitting days before a jury. On 22 August 2016, the first day of your trial, you entered pleas of guilty to eight charges of aiding and abetting a person to breach a condition of his or her visa,1 nine charges of exploiting employees unlawfully in New Zealand by failing to pay moneys due under the Holidays Act 20032 and nine charges of exploiting employees unlawfully in New Zealand by failing to pay moneys due under the Minimum Wage Act 1983.3 Those pleas were entered in the presence of the jury. I convicted you on each of those charges at that time.

[6] The jury was left to determine the remaining charges: 15 of trafficking in human beings by deception,4 15 of aiding and abetting a person to enter New

1      Immigration Act 2009, s 343(1)(a).
2      Ibid, s 351(1)(a)(i).
3      Ibid, s 351(1)(a)(ii).
4      Crimes Act 1961, s 98D(1)(a).

Zealand unlawfully5 and one of aiding and abetting a person to remain in New

Zealand unlawfully.6 You were found guilty on all of those charges. On 15

September 2016, convictions were entered on each.

[7] The maximum penalty to which you are liable arises on the people trafficking charges. Each carries a maximum term of imprisonment of 20 years, a fine not exceeding $500,000, or both.7 I take the trafficking charges as the lead offence for sentencing purposes.

The nature…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Ali

Details

AGLC: R v Ali [2016] NZHC 3077
Case: [2016] NZHC 3077
Decision Date: 15 December 2016

CaseChat Overview and Summary

This case involved the sentencing of Mr Ali, who had been convicted on 57 charges, including people trafficking, exploiting employees unlawfully, and breaching visa conditions. Mr Ali had entered pleas of guilty to some charges and was found guilty by a jury on others. The court took into account the aggravating and mitigating factors in determining the sentence. The court considered the organised nature of the offending, the vulnerability of the victims, the number of victims, the duration of the offending, the nature and degree of deception practised upon the victims, the nature and degree of exploitative conduct, the extent and method of control exercised over the victims, any psychological and financial harm caused to the victims, the premeditated nature of the criminal activity, attempts to have the period during which each victim was in New Zealand extended, the degree of manipulation that occurred, and the motive of a financial nature that lay behind the offending. The court also considered the modest credit for Mr Ali's previous good character and the reparation offered by Mr Ali. The court sentenced Mr Ali to nine years and six months imprisonment for the trafficking charges, five years imprisonment for the exploitation charges, and three years imprisonment for the Immigration Act charges. All sentences were to be served concurrently. Mr Ali was also ordered to pay reparation in the sum of $NZD28,167. The court commended the immigration officials involved in the investigation that led to the detection and prosecution of the offending.

Orders