R v Gaitau - [2016] NZHC 1155

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2014-063-3363 [2016] NZHC 1155

THE QUEEN

v

GEORGE GAITAU

Hearing: 31 May 2016

Appearances:

B R Northwood for the Crown
R M Mansfield for the Defendant

Sentence:

31 May 2016

SENTENCING NOTES OF MUIR J

Counsel/Solicitors:
B R Northwood for the Crown
R M Mansfield for the Defendant

R v GEORGE GAITAU [2016] NZHC 1155 [31 May 2016]

Introduction

[1] Mr Gaitau, you appear before me today for sentencing in respect of 17 charges to which you have pleaded guilty and which I group as follows:

(a) those relating to the supply or possession for supply of methamphetamine totalling approximately 58 grams;

(b)those relating to the offering to supply and conspiracy to supply methamphetamine totalling approximately 56 grams;

(c) other drug related offending involving both Class B (GHB) and Class

C (Cannabis) drugs; and

(d) a charge of conspiracy to commit aggravated robbery.1

[2] Each of the methamphetamine supply, possession for supply and offering to supply charges carry maximum penalties of life imprisonment. That is a reflection of society’s condemnation of those who traffic in the human misery associated with methamphetamine consumption and of which you are now all too well aware yourself.

[3] Due to the nature of your offending there are no victim impact statements filed with the Court. However, it is nonetheless appropriate to acknowledge the victims of your offending, who are the members of the community that you either drew into drug use and addiction or whose habit you sustained. Daily our courts are confronted by the huge human toll in terms of domestic violence, shattered careers, shattered families, shattered mental health and criminal offending which flow from the addictions you serviced for personal profit, albeit that I accept the submission of your counsel that much of the profit seems to have been diverted into sustaining your own unfortunate habit.

Facts

[4] I traverse, briefly, the facts. You were involved with a number of others in an organised ring that operated between the North Shore area of Auckland and Rotorua, to supply methamphetamine and cannabis and other drugs to retail customers and to other dealers.

[5] In 2014, the police began what came to be styled as Operation Goa, investigating the supply of methamphetamine in Auckland. They obtained surveillance warrants for your brother, yourself and two other associates from July to November 2014. The warrants uncovered what the police allege was a wide scale operation for methamphetamine production and supply. The operation resulted in 44 charges against eight defendants.

[6] You were involved in the supply of methamphetamine and cannabis in large quantities in a role best described as that of what I call a “high up middle-man”. The intercepted communications show you supplying; possessing for supply; offering to supply or conspiring to supply approximately 114 grams of methamphetamine, with a total street value of approximately $40,000. You were also involved in the supply of cannabis and the class B drug GHB.

[7] In a separate incident…

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 Gaitau

Details

AGLC: R v Gaitau [2016] NZHC 1155
Case: [2016] NZHC 1155
Decision Date: 31 May 2016

CaseChat Overview and Summary

In the case of R v Gaitau, George Gaitau was sentenced in the High Court of New Zealand, Auckland Registry. Gaitau was involved in a drug supply operation that involved methamphetamine, cannabis, and other drugs. He pleaded guilty to 17 charges, including drug supply, possession for supply, offering to supply, conspiracy to supply, and conspiracy to commit aggravated robbery. The court had to determine an appropriate sentence considering the gravity of the offences, Gaitau's role in the operation, and personal mitigating factors. The court considered the Crown's and defence's submissions on the appropriate starting point and any adjustments for aggravating and mitigating factors. The court found that Gaitau's offending fell within Band 2 of Fatu for methamphetamine supply, with a starting point of six years' imprisonment. The court also considered other drug-related offending and the conspiracy to commit aggravated robbery, resulting in an overall starting point of seven years' imprisonment. After accounting for personal mitigating factors and a guilty plea discount, the final sentence was five years and four months' imprisonment for drug-related offences, to be served concurrently, and nine months' imprisonment for the aggravated robbery conspiracy charge, to be served cumulatively. The effective sentence was six years and one month's imprisonment.

Orders