R v Faapoi - [2017] NZHC 2969

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2016-004-009701

[2017] NZHC 2969

THE QUEEN

v

FARANI JUNIOR FAAPOI

Hearing: 1 December 2017

Appearances:

B Northwood for Crown J Mather for Defendant

Sentenced:

1 December 2017

SENTENCING NOTES OF VENNING J

R v FAAPOI [2017] NZHC 2969 [1 December 2017]

Solicitors: Meredith Connell, Auckland Copy to: J Mather, Auckland

[1] Mr Faapoi you are for sentence this morning in this Court having pleaded guilty to three charges of corruptly accepting a bribe as an official. The maximum penalty in each case is seven years’ imprisonment.

[2] In the course of an unrelated investigation the police learnt that contraband was being introduced into Mt Eden Prison with the assistance of an unknown prison guard. You were that prison guard.

[3] You were employed by Serco in September 2014 to work at Mt Eden Correction Facility (MECF) and remained working there until you were suspended from duties on 29 June 2015. During this time you had contact with two prisoners of relevance to these charges, Mr Keil and Mr Sadler.

[4] The first charge relates to a period between 8 May 2015 and 15 May 2015 when you agreed with Mr Keil to bring cigarettes into prison in exchange for money.

[5] The second charge is between 16 and 21 May Mr Keil and you exchanged text messages regarding the delivery by his partner Ms Dufresne to you of “clothes” or “laundry” in return for $1,500. The “clothes” or “laundry” were code words for the contraband. You arranged to meet Ms Dufresne at Western Springs on 21 May 2015. Ms Dufresne gave you tobacco which you took into the prison. She also gave you
$1,300 and apparently held a further $200 for you. Ms Dufresne and Mr Keil pleaded guilty to their part in this offending.

[6] The third count involved Mr Sadler. On 23 May 2015 he texted an associate, Mr Maaka saying he needed a couple of throw away phones and some cigarettes. Mr Sadler directed Mr Maaka to ring Jenny (Ms Dufresne) and drop the “clothes” off to her and that it cost “fifteen” (meaning $1,500). Mr Maaka met with Ms Dufresne and then texted Mr Sadler saying “clothes in the mail”. Mr Sadler then text you saying “The church has donated kupe for your services”. Ms Dufresne again met up with you to drop off the contraband. Again you were to be paid $1,500. Ms Dufresne and Mr

Sadler pleaded guilty to those charges. You deny taking phones or phone cards into the prison, but the text messages are consistent with that happening.

[7] I record that there is a difference of opinion between the Crown and you on what was actually brought into the prison on these occasions. The Crown says, as I have noted, that the texts suggest the contraband included cell phones and phone cards as well as tobacco. You deny bringing in phone cards and…

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 Faapoi

Details

AGLC: R v Faapoi [2017] NZHC 2969
Case: [2017] NZHC 2969
Decision Date: 1 December 2017

CaseChat Overview and Summary

The case of R v Faapoi involved Farani Junior Faapoi, a former prison guard at Mt Eden Correction Facility, who was sentenced for accepting bribes to introduce contraband into the prison. Faapoi had pleaded guilty to three charges of corruptly accepting a bribe as an official, with a maximum penalty of seven years' imprisonment for each charge. The court heard that Faapoi had been involved in smuggling cigarettes, and potentially cell phones and phone cards, into the prison in exchange for money. The bribes were facilitated through text messages and meetings with individuals outside the prison.

The legal issues before the court included determining an appropriate starting point for sentencing, considering the purposes and principles of the Sentencing Act 2002, and weighing the aggravating and mitigating factors in Faapoi's case. The court found Faapoi's offending less serious than a comparable case, R v Clarke, as there was no evidence of drugs being smuggled into the prison. Faapoi's offending began while he was a relatively new employee and under pressure from prisoners who employed a sophisticated method to induce him to assist them.

Venning J sentenced Faapoi to 12 months' home detention for each of the three charges, to be served concurrently. The court took into account Faapoi's age, status as a first offender, his employment history, and his genuine remorse as mitigating factors. Faapoi was also granted a credit for his guilty plea. The home detention order included conditions such as residing at a specified address, attending assessments and programmes as directed by a probation officer, and not communicating with his former co-offenders. Faapoi was discharged on the remaining counts in the charge list.

Orders