ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF JF.
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI 2011-404-000047 [2012] NZHC 159
THE QUEEN
v
DELIA FONOTIA
Hearing: 1 March 2012
Counsel: B D Tantrum & M Williams for Crown
R M Mansfield for Prisoner
Judgment: 1 March 2012
SENTENCE OF KEANE J
Solicitors:
Crown Solicitor, Auckland
R V DELIA FONOTIA HC AK CRI 2011-404-000047 [1 March 2012]
[1] Delia Fonotia you appear for sentence for 18 offences against the Misuse of Drugs Act 1975. You twice possessed the class A controlled drug methamphetamine for supply, first between 2 - 24 October 2009 and then on 15 February 2010. You made 15 sales of the class C controlled drug pseudoephedrine between 30 September
- 17 November 2009. Finally, you possessed, on 15 February 2010 cannabis for the purpose of sale or supply.
[2] In entering those pleas you put in issue the quantities of methamphetamine you possessed in the October 2009 offending for the purpose of sale, or indeed sold, and whether in the second instance of possession in February 2010 you were merely a courier. I resolved those issues at a disputed facts hearing. You are to be sentenced on the basis of my decision.
Context
[3] In 2009 the police began to intercept your telephone conversations. A pattern soon emerged. Though you dealt with a number of people, principally you purchased pseudoephedrine in bulk from Phap Ly and Huang Nguyen, and you sold it, principally, to Warren Filer and Steven Mehrtens, from whom you purchased methamphetamine you used yourself and in which you traded.
[4] The first offence for which you are for sentence, possession of methamphetamine for supply between 2 - 24 October 2009, encompasses three separate transactions. On the Crown's case at trial, and on sentence, you sold to 'Les' one and a half ounces of methamphetamine on 3 October and a further ounce on 8
October. You sold Nesia Gaffar half an ounce on 23 October.
[5] You admit those transactions but at the disputed facts hearing you contended that they were not in whole or half ounce amounts. They were in whole or half grams. I found that the Crown could not, on the evidence, prove beyond reasonable doubt that you were in these three instances an ounce dealer. I held that you were dealing in grams and that in October 2009 you possessed in all three grams, not, as the Crown contended, 85 grams.
[6] Your second possession of methamphetamine for supply offence, on 15
February 2010, rests on the methamphetamine found in your possession on that date when the police stopped you and your alleged co-offender, JF, under s 317 of the Crimes Act 1961 at Maramarua. You had been seen by the police an hour or so earlier that day at Mr Filer's Whangamata depot.
[7] The statement of facts on which you entered your plea in the District Court narrated that in a nine kilogram gas bottle…
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- Case
- [2012] NZHC 159
- Decision Date
CaseChat Overview and Summary
The court's decision was based on the principle of holding Fonotia accountable for the harm caused by her actions, promoting a sense of responsibility, and deterring her and others from engaging in similar conduct. The court also considered the offender's background, including her difficult childhood, loss of loved ones, and gambling addiction. While these factors were acknowledged, the court emphasised that drug offending of this magnitude required a focus on denunciation and deterrence, with personal circumstances playing a limited role in sentencing. The court also took into account the totality principle, which required consideration of Fonotia's previous sentence and the time she had already served while on remand for the current offences.
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