R v Hereora - [2012] NZHC 3422

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI 2011-488-8 [2012] NZHC 3422

THE QUEEN

v

RAINER HEREORA

Hearing: 14 December 2012

Counsel: M B Smith for Crown
C Cull for Prisoner

Judgment: 14 December 2012

SENTENCING NOTES OF HEATH J

Solicitors:
Crown Solicitor, PO Box 146, Whangarei
Counsel:
C Cull, 212 Waipapa Road, RD 2, Kerikeri

R V RAINER HEREORA HC WHA CRI 2011-488-8 [14 December 2012]

Introduction

[1] Rainer Mark Hereora, you appear for sentence today having pleaded guilty to nine counts in an indictment alleging drug and firearm related offending. The majority of your pleas were entered on12 March 2012, the week before you were to stand trial.1

[2] Your offending was detected during a combined surveillance operation conducted by Northland Organised Crime Unit and Organised and Financial Crime Agency New Zealand, known as Operation Abyss. The target of the operation was the Tribesmen motor cycle gang, of which you were then a patched member.

[3] As a result of that operation, a number of gang members and associates were charged with drug offending. The most serious charges involve methamephetamine, a Class A controlled drug. That is a pernicious drug that has caused enormous pain and suffering to many New Zealanders, both directly and through its indirect consequences.

[4]      You appear for sentence on the following charges: (a) Conspiracy to supply methamphetamine,
(b)      Conspiracy to supply a precursor substance, pseudoephedrine (c)           Conspiracy to supply the Class C controlled drug, cannabis (d)         Offering to supply methamphetamine (x3)
(e)       Offering to supply cannabis, as a representative charge

(f) Unlawful possession of a firearm

1 Pleas of guilty to the firearms charges were entered on 21 March 2012.

(g)Unlawful possession of explosives in the form of ammunition for a firearm.

The offending

[5] The offending occurred between 10 August 2009 and 28 October 2009, the latter being the date on which search warrants were executed to terminate Operation Abyss.

[6] The Crown has provided a helpful summary of the nature of the offending. The conspiracy to supply methamphetamine charge involves a quantity of two ounces of the drug. You had $8000 on you to purchase one ounce of methamphetamine and you said that you were trying to make another $8000 for a further ounce.

[7] The other charges relate to various attempts to plan or to deal with drugs in a manner contrary to the Misuse of Drugs Act 1975. There is no doubt that the offending is serious. It is offending to which the Courts must respond appropriately in the interests of the community.

[8] In sentencing you, I am required to apply principles that have been laid down by Parliament in the Sentencing Act 2002 and by our Court of Appeal. Because of the way in which I propose to deal with you today, I will need to take some time to explain the legal principles that I am applying. That will require me to discuss legal issues in a way that would normally be…

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 Hereora

Details

AGLC: R v Hereora [2012] NZHC 3422
Case: [2012] NZHC 3422
Decision Date: 14 December 2012

CaseChat Overview and Summary

Rainer Mark Hereora appeared for sentencing in the High Court of New Zealand after pleading guilty to multiple drug and firearm-related charges, including conspiracy to supply methamphetamine and unlawful possession of a firearm. The charges stemmed from Operation Abyss, a surveillance operation targeting the Tribesmen motorcycle gang, of which Hereora was a member. The court needed to determine an appropriate sentence considering the severity of the offences and the defendant's efforts towards rehabilitation.

The legal issues involved determining the appropriate starting point for sentencing, considering both the aggravating and mitigating factors. The court applied guidelines from previous cases involving drug-related offences, determining that Hereora's conspiracy to supply methamphetamine warranted a starting point of three and a half years imprisonment. Aggravating factors such as the involvement of precursor substances and a firearm increased the starting point to four years. Mitigating factors, including Hereora's guilty plea and remorse, reduced the sentence by eight months. The court also considered Hereora's extensive rehabilitation efforts, which led to a significant credit of 40% towards his sentence.

The court reasoned that despite the seriousness of the offences, Hereora's substantial rehabilitation efforts and commitment to a drug-free lifestyle warranted a non-custodial sentence. The court sentenced Hereora to two years of intensive supervision, 200 hours of community work, and required him to undertake a 52-week residential rehabilitation programme, subject to aftercare support. The court emphasised the importance of continued supervision and rehabilitation to prevent any relapse into criminal behaviour.

The final orders included a two-year sentence of intensive supervision, 200 hours of community work, and mandatory participation in a residential rehabilitation programme. Hereora was also discharged on counts where the Crown offered no evidence.

Orders