IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2020-019-6031
[2023] NZHC 2371
THE KING v
MARK ANTHONY GRIFFITHS
Hearing: 28 April 2023 Counsel:
J Hamilton for Crown
S Mills and B Gloyn for Defendant
Sentence:
28 April 2023
SENTENCING NOTES OF ISAC J
Introduction
[1] Mr Griffiths, you appear for sentence having pleaded guilty to charges of supplying methamphetamine (a representative charge),1 possession of methamphetamine for supply,2 importing methamphetamine,3 supplying the Class B controlled drug GBL,4 and possession of that substance for supply.5
1 Misuse of Drugs Act 1975, s 6(1)(c) and Crimes Act 1961, s 66(1); maximum penalty life imprisonment.
2 Misuse of Drugs Act, s 6(1)(f); maximum penalty life imprisonment.
3 Misuse of Drugs Act, s 6(1)(a) and Crimes Act, s 66(1); maximum penalty life imprisonment.
4 Misuse of Drugs Act, s 6(1)(c) and Crimes Act, s 66(1); maximum penalty 14 years’ imprisonment.
5 Misuse of Drugs Act, s 6(1)(f); maximum penalty 14 years’ imprisonment.
R v GRIFFITHS [2023] NZHC 2371 [28 April 2023]
[2] The most serious charges are those relating to importation and the supply and possession for supply of methamphetamine. Those charges carry a maximum sentence of life imprisonment. The remaining charges carry a maximum sentence of 14 years’ imprisonment.
Background
[3] You are a senior member of the Mongrel Mob Waikato Kingdom Chapter and identify yourself as second in charge. You were arrested following the termination of a police investigation known as Operation Oakville. This focused on the supply of Class A and Class B controlled drugs in the Waikato, Auckland and Wellington regions. During the operation, which lasted for approximately 12 months, the police obtained surveillance device warrants that enabled them to intercept the communications of a number of individuals.
[4] The police discovered you were involved in obtaining and supervising the supply of large quantities of Class A and Class B drugs. You were identified as a leading individual in the drug distribution network who oversaw the majority of the criminal activity undertaken by the wider group. You were directly involved in obtaining wholesale quantities from several sources and providing those to individuals within your network to facilitate the wider distribution of the drug into the community. The network included your brother John and your former partner, Ms Sharon Marfell, who worked closely with you and generally accompanied you on trips to source Class A and B drugs. She was engaged in a prolific supply of methamphetamine, providing it to other members of the group for on-supply as well as dealing to her own customers. She was also involved in collecting drug debts owed to you.
[5] Below your partner were Ms Keyte, Mr Iakopo, and Mr Cole. Two other individuals—one based in Auckland and another in Wellington—also sourced wholesale quantities of methamphetamine for you. This was, as the Crown describes, large scale commercial dealing.
[6] The representative charge of supplying methamphetamine spans the twelve-month period between October 2019 to October 2020, which…
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- AGLC
- R v Griffiths [2023] NZHC 2371
- Case
- [2023] NZHC 2371
- Decision Date
CaseChat Overview and Summary
The court assessed Griffiths' role within the drug dealing network and found him to be the leading figure, despite acknowledging that his former partner, Ms Marfell, was also a leading member. The court also considered mitigating factors, such as Griffiths' guilty plea, which warranted a 15% reduction, and personal factors such as his addiction and deprived childhood, which warranted a 20% discount. However, the court found that Griffiths' remorse was not beyond what might be expected in his circumstances and did not warrant an additional discount. Ultimately, the court determined that Griffiths was entitled to a 35% discount for his plea and mitigating factors. The court found that an uplift for Griffiths' previous criminal history was unnecessary, as the last drug-related offending was 12 years prior to the current convictions.
The court sentenced Griffiths to 10 years' imprisonment for the methamphetamine-related charges and three and a half years' imprisonment for the GBL-related charges, to be served concurrently, resulting in an effective sentence of 10 years' imprisonment. The court also imposed a minimum period of imprisonment of five years, considering the need for deterrence, denunciation, and protection of the community given the scale of Griffiths' offending and his leading role within the drug distribution network.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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