R v Dixon - [2017] NZHC 210

THIS IS A REDACTED VERSION OF THE JUDGMENT. PARTS OF PARAGRAPHS [75] AND [77] HAVE BEEN REMOVED.

ORDER PROHOBITING PUBLICATION OF PARTS OF PARAGRAPHS [75] AND [77] OF THIS JUDGMENT PURSUANT TO S 205 CRIMINAL PROCEDURE ACT 2011

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2015-009-5968 [2017] NZHC 210

THE QUEEN

v

LEE DIXON

Hearing: 1, 2 and 3 August 2016

Appearances:

K B Bell for the Crown
M Starling and L M Drummond for the Defendant

Judgment:

21 February 2017

JUDGMENT OF NICHOLAS DAVIDSON J

following disputed facts hearing after plea of guilty to charge of importing a Class A controlled drug under Misuse of Drugs Act 1975 section 6(1)(a) and section 2(a), and Crimes Act 1961 section 66

R v DIXON [2017] NZHC 210 [21 February 2017]

Table of Contents

Para No

A. Introduction [1]

B. The disputed facts issue before the Court [5]
Oral evidence [11]

C. The Crown case [13] Currency transactions [14] The FedEx package [16] The guilty pleas [19] The defendant’s explanation [20] Elements of the Summary of Facts (Annexed as Schedule A) [21] Detective Waugh [23] Mr D’Ambrosio [30] Cocaine [37] Price of cocaine at source in Colombia [45] Getting cocaine to the market [47] Sales on consignment [52] Monetary transaction/s [55] A typical transaction [61] Mr D’Ambrosio’s expert opinion of the evidence in this case [62]

The June 2015 communications associated with the FedEx delivery of
a “submersible pump” to Rakaia

[67]

Mr D’Ambrosio’s table (Annexed as Schedule B) [71]

D. Defence submissions [80]

E. Analysis[99] Overview [89] Inferences [94]

Question 1: Did Mr Dixon import cocaine into New Zealand between
24 November 2014 and 2 July 2015?
Question 2: If so, on how many occasions did Mr Dixon import cocaine into New Zealand?
Question 3: Were the monetary transaction/s alleged by the Crown
for the purchase and transport of cocaine from a Colombian source to New Zealand?
Question 4: What is the relevance of the FedEx package delivery to
Rakaia on 30 June 2015?
Question 5: Did the cocaine imported into New Zealand by
Mr Dixon reflect the monetary transaction/s alleged by the Crown, and did the importation occur between 24 November 2014 and
2 July 2015?
Question 6: How much cocaine did Mr Dixon import into
New Zealand between 24 November 2014 and 2 July 2015?

[100] [101] [106]

[120] [128]

[146]

F. Disposition [158] G. Destruction and other orders [159] Schedule A Crown Summary of Facts
Schedule B Mr D’Ambrosio’s Table (as provided to Court on
1 August 2015)

Introduction

[1] The defendant, Mr Dixon, returned from a trip to South America on

29 March 2014. He was searched at Auckland Airport and found in possession of

97.5 grams of cocaine packed in a condom, inside his boxer shorts. He was convicted on a charge of importing cocaine and in April 2015 sentenced to seven months home detention and 150 hours community work.

[2] This judgment concerns Mr Dixon’s further importation of cocaine between…

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 Dixon

Details

AGLC: R v Dixon [2017] NZHC 210
Case: [2017] NZHC 210
Decision Date: 21 February 2017

CaseChat Overview and Summary

The case of R v Dixon involved a defendant who had previously been convicted of importing cocaine into New Zealand. He was now facing charges for further importation of cocaine between late 2014 and mid-2015. Dixon had admitted making contacts with people involved in the cocaine trade in Colombia but denied the quantity alleged by the Crown. The Court was required to determine the amount of cocaine Dixon had imported into New Zealand. Dixon pleaded guilty to charges including importation of cocaine but not the quantity alleged by the Crown. The Court found Dixon had imported 6 kilograms of cocaine into New Zealand as alleged in Charge 1. The Court concluded that Dixon had imported cocaine in the minimum amount of 6.2756 kilograms, up to 34.9068 kilograms. The Court found the Crown had proved beyond reasonable doubt that Dixon had imported 6 kilograms of cocaine into New Zealand.

Orders