R v Cook

Case [2017] NZHC 2034 24 August 2017

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2016-092-007446 [2017] NZHC 2034

THE QUEEN

v

RONALD WAYNE COOK (SENIOR) AGUSTIN MANUEL SUAREZ-JUAREZ

DEFENDANTS

Counsel:
D B Stevens and I S Ko for Crown

S N B Wimsett and S Teppett for Ronald Cook
P J Kaye for Suarez-Juarez

Judgment:

24 August 2017

SENTENCING NOTES OF KATZ J

Solicitors: Kayes Fletcher Walker Ltd, Crown Solicitor, Manukau

Counsel: S N B Wimsett, Barrister, Auckland
P J Kaye, Barrister, Auckland

R v COOK & SUAREZ-JUAREZ [2017] NZHC 2034 [24 August 2017]

Introduction

[1] Mr Cook and Mr Suarez-Juarez, you have each been found guilty, following a jury trial, of:

(a) possessing the Class A controlled drug cocaine for the purpose of supply; and

(b) attempting to supply the Class A controlled drug cocaine.

[2] You now appear for sentence. The maximum penalty for possessing a Class A controlled drug for supply is life imprisonment. The maximum penalty for attempting to supply a Class A controlled drug is 10 years’ imprisonment.

Facts

Overview of the offending

[1] On 10 May 2016 a jewel-encrusted bronze horse head sculpture arrived in Auckland on a flight from Mexico, via Hong Kong. It weighed over 330 kilograms. Concealed within it were 35 one-kilogram packages of cocaine. This is the largest cocaine importation ever seized by New Zealand Customs, by a very significant margin.

[2] The jury rejected the explanation offered by both of you at trial, which was that you believed it was cash, not drugs, concealed in the horse head. Your explanation that you believed you were involved in a money laundering operation was, frankly, implausible.

[3] The three apparent “kingpins” or masterminds of the operation were referred to in text messages as “the Godfather”, “Silverio” and “the Artist”. The Godfather appears to have been the most senior member of the drug syndicate. Silverio appears to have been the largest investor in the venture. For example, in one of his text messages to Silverio, after things had gone wrong, Mr Suarez described Silverio as being “the most affected with the investment”. Silverio also clearly knew how many packages were concealed in the sculpture and precisely how they were wrapped.

[4] Mr Suarez’s evidence at trial was that Silverio was a business partner in the Artist’s bronze sculpture business. Whether or not that is so, it is at least clear that Silverio and the Artist were business partners in the New Zealand cocaine venture. Silverio delivered the packages of cocaine to the Artist, who then concealed them in the horse head sculpture. The Artist obviously also had an ongoing interest in the enterprise as, after things went wrong in New Zealand, Mr Suarez sought urgent advice from the Artist as to what to do. Mr Suarez subsequently reported to Silverio that the Artist was “desperate” and had advised Mr Suarez to leave New Zealand immediately and send in another team.

[5] Mr Suarez’s evidence was that he became involved in the New Zealand cocaine venture through his…

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 Cook

Details

AGLC: R v Cook [2017] NZHC 2034
Case: [2017] NZHC 2034
Decision Date: 24 August 2017

CaseChat Overview and Summary

Ronald Wayne Cook Senior and Agustin Manuel Suarez-Juarez were convicted of possessing 35 kilograms of cocaine for the purpose of supply and attempting to supply 5 kilograms of cocaine to an undercover police officer. They were sentenced by Katz J in the High Court of New Zealand. The central legal issue was determining the appropriate starting point and overall sentence for their drug trafficking offenses, given the large quantity and commercial nature of the drugs involved. The court considered factors such as the seriousness of the offenses, the defendants' roles and culpability, and relevant sentencing precedents. Katz J determined that an appropriate starting point was 20 years for Suarez-Juarez and 19 years for Cook, reflecting their senior roles in the drug trafficking syndicate. After considering personal mitigating factors, the final sentences were 19 years and 9 months for Suarez-Juarez and 17 years and 9 months for Cook, with minimum periods of imprisonment of 9 years and 10 months and 8 years and 10 months respectively. The court also ordered the destruction of the horse head sculpture containing the cocaine.

The court found that the defendants played key roles in a sophisticated and large-scale drug trafficking operation, importing and attempting to distribute a massive quantity of cocaine into New Zealand. Their offenses were at the upper end of the scale in terms of seriousness. While neither was charged with importation, the court found that their culpability was similar to importers given their close connections to the drug importing syndicate and their responsibility for releasing the drugs onto the market. Relevant sentencing precedents for large-scale cocaine importation and supply cases provided a useful benchmark. The defendants' previous good character and other personal factors did not warrant significant discounts given the importance of deterrence in drug trafficking cases.

Orders