IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2013-004-4424 [2015] NZHC 807
THE QUEEN
v
ZEBULIN DAVOREN
Hearing: 23 April 2015 Appearances:
T Refoy-Butler for Crown
S Lance for DefendantSentence:
23 April 2015
SENTENCING NOTES OF TOOGOOD J
R v DAVOREN [2015] NZHC 807 [23 April 2015]
Table of Contents Paragraph
Number
Introduction [1]
Background facts [6] Approach to sentencing [11] Starting point [13] Manufacturing methamphetamine the lead offence [14]
Uplift to reflect other offending [18] Personal circumstances [26] Minimum period of imprisonment [32]
Formal sentences [36]
[1] Zebulin Mario Davoren: you appear for sentence after being found guilty by a jury, on 6 October 2014, of a total of 31 charges relating to your participation in a criminal group which was responsible for the manufacture of the Class A controlled drug methamphetamine; the production of the Class B controlled drug pseudoephedrine; and the distribution of those drugs.
[2] Ten co-offenders were also found guilty of a variety of charges and they were sentenced on 20 November 2014 to sentences ranging from four months’ home detention to 14 years’ imprisonment with a minimum term of seven years.1
[3] You were not sentenced at that time because, after your counsel had addressed the jury on your behalf and shortly before my summing-up to the jury, you breached the terms of the bail which had been granted during the long trial and absconded. You were found guilty and convicted in your absence and not apprehended until 3 March this year. I should add that I do not accept that the Police simply sat by and did nothing while you were on the run. I know that the Police made considerable efforts to locate you and I do not accept any suggestion that they had not worked hard enough at that.
[4] You are not being sentenced today, however, for any charge or charges relating to your breach of bail, and I want to make it clear that I accept it is not appropriate for me to punish you for taking off. But the fact that you breached an order of the Court while on trial, and so demonstrated contempt for orders of the Court, is something I have to consider when I determine the appropriate sentences to be imposed on you for the offences on which you appear. Your attitude is significant to sentencing and it may call for added weight to be given to the need for deterrence, accountability and community protection.
[5] Since you were not present when the verdicts were delivered, I formally discharge you now on the counts in the indictment on which you were found not
guilty.
[6] After a fire caused by an explosion at a clandestine methamphetamine laboratory in Glendene, West Auckland on 1 December 2011, the Police mounted an extensive operation of surveillance, interception and investigation into what proved to be a major drug-dealing enterprise which continued its activities for a period of
12…
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- R v Davoren [2015] NZHC 807
- Case
- [2015] NZHC 807
- Decision Date
CaseChat Overview and Summary
The court determined that Davoren's role in the criminal group was significant and that he was a principal organiser and instigator of the methamphetamine manufacturing. The court also considered the total amount of drugs involved in the offending and the need to impose an end sentence which reflects the totality of Davoren's offending. The court imposed concurrent sentences on the charges, with the major sentences being 18 years and 6 months' imprisonment on each of the eight counts of manufacturing methamphetamine, with a minimum period of imprisonment of nine years and three months. The other sentences ranged from one to seven years' imprisonment. The court also considered the need for deterrence, accountability, and community protection in determining the appropriate sentence.
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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