R v Haerewa - [2025] NZHC 920

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2023-004-8430 [2025] NZHC 920

THE KING

v

KALEB QUEST HAEREWA

Hearing: 11 April 2025 Appearances: D P Coulson for the Crown
C A Harold for the Defendant

Judgment: 11 April 2025

SENTENCING NOTES OF HARVEY J

Solicitors:
Crown Solicitor, Tauranga
Catherine Harold Law, Tauranga

R v HAEREWA [2025] NZHC 920 [11 April 2025]

Introduction

[1] Kaleb Quest Haerewa, you appear for sentencing today on one charge of conspiracy to supply cocaine,1 one charge of burglary2 and one charge of possession of MDMA for supply.3

[2] You pleaded guilty to these charges following a sentence indication provided by Moore J on 17 October 2024.4 He indicated an overall starting point of four and a half years’ imprisonment and a reduction of 25 per cent for your guilty pleas. He considered that any discount for youth and time spent on electronically monitored (or EM) bail was best left for the sentencing judge. While not being bound by the sentencing indication, it is helpful in assessing your offending and in deciding the appropriate sentence.5

[3] A pre-sentence report dated 21 February 2025 has now been filed, along with an Alcohol and Other Drugs report from March 2025. Your counsel, Ms Harold, submitted that these reports confirmed that further reductions are justified for your personal circumstances, including:

(a)the contribution your background had on your offending;

(b)your relative youth and rehabilitative prospects;

(c)the impact incarceration would have on your tamariki and partner; and

(d)your time spent on EM bail.

[4] The Crown largely relied on their submissions from the sentencing indication hearing but otherwise broadly agreed with Ms Harold’s submissions, albeit arguing that the applicable reductions should be slightly lesser. Mr Coulson also made the point that whatever sentence was given, it must involve imprisonment.

1      Misuse of Drugs Act 1975, s 6(1)(c) and (2A)(a). Maximum penalty: 14 years’ imprisonment.
2      Crimes Act 1961, ss 231(1)(a) and 66. Maximum penalty: 10 years’ imprisonment.
3      Misuse of Drugs Act 1975, s 6(1)(f) and (2)(b). Maximum penalty: 14 years’ imprisonment.
4      R v Haerewa [2024] NZHC 3038.
5      Criminal Procedure Act 2011, s 116(3).

[5] This sentence will be in three parts. First, I will outline the facts of your offending. Second, I will talk about your personal circumstances. Third, I will fix your sentence.

The offending

[6]Moore J summarised the facts in his indication of 17 October 2024:

Conspiracy to supply cocaine.

[11] The charge of conspiring to supply cocaine arises out of communications which [you] had with [your] co-defendant, Mr Enoka, in September 2023.

[12] On 3 September 2023, [you] approached Mr Enoka asking if he still had ounces of “Charlie” – a common term used for cocaine. [You] advised Mr Enoka that [you] had a buyer for 10 oz of cocaine. Mr Enoka advised that he could supply this quantity for $80,000 but that he would have to see “papers” – that is, cash –…

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 Haerewa

Details

AGLC: R v Haerewa [2025] NZHC 920
Case: [2025] NZHC 920
Decision Date: 11 April 2025

CaseChat Overview and Summary

The case of R v Haerewa involved Kaleb Quest Haerewa, who was sentenced for conspiracy to supply cocaine, burglary, and possession of MDMA for supply. Haerewa pleaded guilty to these charges following a sentence indication provided by Moore J. The court was required to decide the appropriate sentence considering Haerewa's guilty pleas, his personal circumstances, and the nature of his offending. The key legal issues were determining the appropriate starting point for sentencing, assessing the aggravating and mitigating personal factors, and deciding on the appropriate sentence, including whether it should involve imprisonment or home detention.

The court agreed with the starting point suggested by Moore J, which was four years and eight months' imprisonment, with additional uplifts for offending while on bail. In terms of personal circumstances, the court accepted that Haerewa's background, youth, rehabilitative prospects, and the impact of incarceration on his family warranted certain reductions. The court also considered the time Haerewa spent on electronically monitored bail and decided on a reduction for this period. After applying all the reductions, the final sentence was two years' imprisonment. The court rejected the proposal for home detention due to the seriousness of the offending, Haerewa's role in the crime, and the potential risks associated with home detention given his co-offender partner residing at the proposed address.

Orders