IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2021-009-8205
[2024] NZHC 1862
THE KING v
ANDERSON PELAEZ GARCIA
Hearing: 10 July 2024 Appearances:
A M Harvey for Crown
S G Bailey for Defendant
Judgment:
10 July 2024
SENTENCING REMARKS OF MANDER J
Introduction
[1] Anderson Pelaez Garcia, you are for sentence this morning having pleaded guilty to a representative charge of importing the Class A drug cocaine,1 attempting to import cocaine,2 participating in an organised criminal group3 and a representative charge of money laundering.4
1 Misuse of Drugs Act 1975, s 6(1)(a)—maximum penalty life imprisonment.
2 Section 6(1)(a); and Crimes Act 1961, ss 66, 72 and 311—maximum penalty 10 years’ imprisonment.
3 Crimes Act, s 98A—maximum penalty 10 years’ imprisonment.
4 Section 243(1)—maximum penalty seven years’ imprisonment.
R v PELAEZ GARCIA [2024] NZHC 1862 [10 July 2024]
The offending
[2] Your offending came to light as a result of a significant police investigation into the importation of cocaine into this country from South America that involved international co-operation with overseas drug enforcement authorities. The drug syndicate operated from at least January 2018 to December 2021. It is estimated in that time that 42.5 kilograms of cocaine with a street price of over $19 million was imported into New Zealand. A further 59.1 kilograms of cocaine with a street value of more than $26 million was also successfully intercepted.
[3] You are 31 years of age. You arrived in New Zealand on 10 August 2018 on a student visa and, like many of your co-offenders, undertook farming work in rural Canterbury. You appear to have become involved in the drug trade approximately a year after your arrival.
[4] Your offending involved the importation or attempted importation of a total of 22 packages of cocaine into this country, which is accepted by your counsel for the purposes of sentencing. From packages intercepted by Customs, it is known you imported 2.447 kilograms of cocaine. However, that figure does not include other successful importations that were not stopped by the Customs Department. Based on a conservative estimate of those parcels having contained at least 500 grams of cocaine, the total amount successfully imported is calculated to be at least
8.447 kilograms. You attempted to import a further 29.639 kilograms, but those packages were intercepted. You were charged with having laundered $302,470.
[5] Your involvement in the importation process was extensive and grew over time. You were paid to identify and provide appropriate addresses to receive packages. After associates left for Columbia, you would contact them for information about importations, including consignee addresses and tracking data. You would pick those packages up on arrival. While not the head of the operation, you certainly became a senior member of it. I will not traverse the details of each of the importations or the packages that were intercepted. However, it is apparent you were heavily involved in making arrangements for these importations and coordinating with others about where…
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- R v Garcia [2024] NZHC 1862
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- [2024] NZHC 1862
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