R v Ellis - [2023] NZHC 2015

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CRI-2020-070-002303

[2023] NZHC 2015

THE KING

v

ALBERT ELLIS

Hearing: 31 July 2023 (Heard at Hamilton)

Appearances:

J L Manera for Crown

M W Ryan for Defendant

Sentencing:

31 July 2023

SENTENCE OF EDWARDS J

Solicitors/Counsel:
Pollett Legal (Office of the Crown Solicitor), Tauranga M W Ryan, Auckland

R v ELLIS [2023] NZHC 2015 [31 July 2023]

[1] Mr Ellis, you appear for sentence on one charge of manufacturing methamphetamine1 and one charge of money laundering.2

[2] You accepted a sentencing indication I gave on 26 April 2022 and entered a plea of guilty to those charges. However, sentencing did not proceed at that time because you applied to vacate your guilty pleas and set aside your convictions. That application was declined in a judgment dated 2 May 2023.3

[3] Although you have heard much of what I have to say in the sentencing indication hearing, I will say it again because that hearing was some time ago, and sentencing takes place in a public forum.

Approach to sentence

[4] In determining your sentence today, I will first outline the alleged offending and then set what we call a “starting point”. That starting point reflects the circumstances of your offending. Next, I will consider whether the starting point should be adjusted for any matters that are personal to you and apply the discount for your guilty plea.

[5] Your sentence is determined in light of the purposes and principles of sentencing. Those that are relevant to your case include: the need to hold you accountable; promote in you a sense of responsibility for your actions; and to denounce and deter your conduct. I must also treat you consistently with others who have offended in a similar way and impose the least restrictive sentence in the circumstances.

Alleged offending

[6] The charges you face arise out of “Operation Emoji”. This was a police operation commenced in late-2019 into the manufacture and supply of methamphetamine by Calebh Simpson in the Bay of Plenty area.

1      Misuse of Drugs Act 1975, ss 6(1)(b) and (2); Crimes Act 1961, s 66: maximum penalty life imprisonment.
2      Crimes Act 1961, s 243(1): maximum penalty seven years’ imprisonment.
3      R v Ellis [2023] NZHC 1016.

[7] The operation uncovered a large-scale network for the manufacture and distribution of methamphetamine. The police also identified individuals who were dealing in firearms and cannabis. The operation was terminated in mid-2020.

[8] The two charges you face relate to your alleged role in the methamphetamine operation. Although the summary of facts refers to the manufacture of at least 10 kilograms, the Crown agrees that this sentencing should proceed on the basis that you were involved in the manufacture of at least eight kilograms of methamphetamine.

[9] Your role involved extensively renovating the garage at Mr Simpson’s address, including construction of a separate bedroom, toilet and shower, foyer and a fourth small…

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 Ellis

Details

AGLC: R v Ellis [2023] NZHC 2015
Case: [2023] NZHC 2015
Decision Date: 31 July 2023

CaseChat Overview and Summary

In the High Court of New Zealand, Tauranga Registry, the case of R v Ellis was heard by Justice Edwards. Albert Ellis was convicted of manufacturing methamphetamine and money laundering. Ellis was sentenced on 31 July 2023, following a plea of guilty to the charges. The case arose from "Operation Emoji", a police operation targeting the manufacture and supply of methamphetamine in the Bay of Plenty region. Ellis's role in the operation included extensive renovations to a property used for manufacturing methamphetamine and the purchase of a car with cash proceeds from drug sales. The court considered the purposes and principles of sentencing, including accountability, deterrence, and denunciation. The starting point for sentencing was set at seven years and six months imprisonment, reflecting Ellis's role in the operation, which was deemed to be at the lower end of the culpability scale. Various mitigating factors, including background circumstances, addiction, and remorse, were considered, resulting in a total discount of 45%. This led to an effective sentence of four years and one month imprisonment for both charges, to be served concurrently.

Justice Edwards sentenced Ellis to four years and one month imprisonment for manufacturing methamphetamine and six months imprisonment for money laundering, the sentences to run concurrently. The effective sentence was four years and one month. Additionally, the Crown withdrew two other charges, and the court granted leave for this to occur.

Orders