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-JuarezJudgment:
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…
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- AGLC
- R v Cook [2017] NZHC 2034
- Case
- [2017] NZHC 2034
- Decision Date
CaseChat Overview and Summary
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
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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