R v Demant - [2023] NZHC 2403

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CRI-2021-070-1570

[2023] NZHC 2403

THE KING

v

TANGAROA DAVID DEMANT

Hearing: 30 August 2023 (Heard at Hamilton)

Appearances:

D McWilliam for the Crown M Jenkins for the Defendant

Sentencing:

30 August 2023

SENTENCING REMARKS OF WOOLFORD J

Solicitors: Pollett Legal Ltd (Office of the Crown Solicitor), Tauranga Counsel: Jenkins Law, Rotorua

R v DEMANT [2023] NZHC 2403 [30 August 2023]

Introduction

[1] Mr Tangaroa David Demant appears for sentence on charges of conspiracy to import cocaine,1 importation of cocaine (x2),2 possession of methamphetamine for supply,3 and conspiracy to manufacture methamphetamine.4 On 10 November last year, I gave a sentence indication of 10 years and five months’ imprisonment,5 a copy of which is annexed to these notes. The factual background to your offending was canvassed in detail at that hearing, so I will only briefly cover the facts.

Background

[2] In September 2020, Police commenced an investigation, codenamed Operation Tarpon, into an anticipated large scale cocaine importation by your group. This is the subject of charge 1. As the investigation progressed, the Police intercepted the private communications of several members of the group, including yourself and your co- offender, Mr Waitai, pursuant to surveillance device warrants issued by this Court. These communications established that you were involved in various other serious class A drug offences.

Charge 1 - Conspiracy to import cocaine

[3] This charge relates to the proposed importation of 200 kilograms of cocaine in a shipping container to be offloaded from a vessel at the Port of Tauranga. The plan involved the cocaine being removed from the container before it could be inspected by Customs officials.

Charge 2 - Importing cocaine

[4] On or about 27 December 2020, a parcel arrived in New Zealand from Guatemala. It was delivered to a residential address in Rotorua occupied by Mr Dickson, another member of the group. The parcel was labelled as containing a power steering pump having a value of $58.11. An unknown quantity of cocaine was

1      Misuse of Drugs Act 1965, s 6(1)(a) and (2A)(a), maximum penalty 14 years’ imprisonment.
2      Section 6(1)(a) and (2)(a), maximum penalty life imprisonment.
3      Section 6(1)(c) and (2)(a), maximum penalty life imprisonment.
4      Section 6(10(b) and (2A)(a), maximum penalty 14 years’ imprisonment.
5      R v Demant [2022] NZHC 2954.

concealed within the package. You offered to provide buyers for the cocaine, and arranged for it to be tested for purity.

Charge 5 - Importing cocaine

[5] During January 2021, you discussed with Mr Waitai the importation of further cocaine using the same method. You provided him with encouragement and advice as to how to deal with the suppliers about issues relating to price and quality, as well as the general trade craft needed to import the drug into New Zealand.

[6] The package arrived in New Zealand the same day and was intercepted by the New Zealand Customs Service. Like the first, the parcel…

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 Demant

Details

AGLC: R v Demant [2023] NZHC 2403
Case: [2023] NZHC 2403
Decision Date: 30 August 2023

CaseChat Overview and Summary

Tangaroa David Demant has been sentenced to seven years and two months’ imprisonment for his involvement in serious drug offences. Demant and his co-offender, Tama Waitai, were part of a group involved in the importation of cocaine and methamphetamine into New Zealand from a Mexican-based syndicate. The court considered the purposes and principles of sentencing under the Sentencing Act 2002, including holding Demant accountable for his offending, denouncing his conduct, and deterring others from committing similar offences. The court also considered aggravating and mitigating factors, including Demant's guilty pleas, remorse, prospects of rehabilitation, and previous good character. The court accepted a discount of 25 per cent on the sentence indication, resulting in a final sentence of seven years and two months’ imprisonment. The court also made an order for the forfeiture and destruction of items contained in the list annexed to the Crown submissions.

Orders