IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI-2014-019-004813 [2016] NZHC 208
THE QUEEN
v
VYELLA APAAPA
Hearing: 18 February 2016 Appearances:
J N Foster for Crown
R Barnsdale for PrisonerJudgment:
18 February 2016
SENTENCING NOTES OF WYLIE J
Solicitors:
Crown Solicitors, Hamilton
R Barnsdale, Hamilton
R v APAAPA [2016] NZHC 208 [18 February 2016]
[1] Ms Apaapa you appear for sentence today having pleaded guilty to the following charges:
(a) Supplying methamphetamine. This is an offence pursuant to s 6(1)(c) of the Misuse of Drugs Act 1975, and the maximum penalty is one of life imprisonment;
(b)Offering to supply methamphetamine. This is also an offence pursuant to s 6(1)(c) and again, the maximum penalty is one of life imprisonment;
(c) Supplying lysergide (“LSD”). Again this is an offence pursuant to s
6(1)(c) and the maximum sentence is one of life imprisonment;
(d) Offering to supply LSD. This is also an offence pursuant to s 6(1)(c)
and the maximum sentence is the same;
(e) Selling cannabis. This is an offence pursuant to s 6(1)(e) of the Misuse of Drugs Act and the maximum sentence is one of eight years’ imprisonment;
(f) Offering to sell cannabis. This is also an offence pursuant to s 6(1)(e)
and again the maximum sentence is one of eight years’ imprisonment.
[2] The charges were laid against you and a number of others in April 2014. You entered guilty pleas on 7 December 2015.
[3] On 24 November 2014 Heath J gave you a sentence indication. He indicated that a starting point of eight years and three months’ imprisonment would be appropriate for your offending in total. At the time you were charged with supplying methamphetamine (x 4), offering to supply methamphetamine (a representative charge), possession of methamphetamine for supply, supplying LSD, offering to supply LSD, conspiracy to supply a precursor substance, conspiracy to supply equipment, selling cannabis and offering to sell cannabis.
[4] In the event, you did not accept that sentence indication. I note that since it was given some of the charges against you have been withdrawn.
[5] You entered your guilty pleas on 7 December 2015. By this point all of your various co-offenders had entered guilty pleas and your trial was scheduled to commence in April 2016.
Relevant Facts
[6] The summary of facts which you accepted at the time you entered your guilty pleas records that, in November 2013, the Waikato Police Organised Crime Squad commenced an investigation into the supply of drugs in Hamilton. The investigation was code named Operation Fremont. It focussed initially on the supply of methamphetamine by patched members and associates of the Waikato chapter of the Mongrel Mob gang.
[7] A covert investigation was carried out. It involved the interception of a large number of communications between various people. As a result, the police were able to identify a core group of individuals who were involved in the supply of methamphetamine and other illicit drugs.
[8] As a result of their investigations, the…
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- AGLC
- R v Apaapa [2016] NZHC 208
- Case
- [2016] NZHC 208
- Decision Date
CaseChat Overview and Summary
The final orders of the court were that Apaapa be sentenced to seven years and five months' imprisonment for supplying methamphetamine, seven years and five months' imprisonment for offering to supply methamphetamine, two years' imprisonment for supplying LSD, two years' imprisonment for offering to supply LSD, 21 months' imprisonment for selling cannabis, and 21 months' imprisonment for offering to sell cannabis. All sentences were to be served concurrently. The court expressed hope that Apaapa would take advantage of rehabilitation programs offered in prison to turn her life around and avoid reoffending.
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