R v Huang

Case [2022] NZHC 3323


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI 2020-004-9587

[2022] NZHC 3323

THE KING

v

JIE HUANG

Hearing: 9 December 2022

Appearances:

R McCoubrey for the Crown

J-A Kincade KC (by telephone) and W Mohammed for the defendant

Date:

9 December 2022


SENTENCING NOTES OF CAMPBELL J


R v HUANG [2022] NZHC 3323 [9 December 2022]

Introduction

[1]    Mr Huang, you appear for sentence this morning for serious offences. You pleaded guilty to  one  charge  of  unlawful  possession  of  a  firearm,1  one  charge of possession of cannabis for sale,2 and one charge of money laundering.3 You were found guilty at trial of two charges of conspiracy to import methamphetamine,4 and one charge of supplying a co-defendant, Seiana Fakaosilea, with methamphetamine.5

[2]    My job today, on behalf of the community, is to impose a sentence on you for those offences.

Offending

[3]    Mr Huang, your counsel, Ms Kincade KC, attached a summary of facts to her submissions. Mr McCoubrey, for the Crown, said that summary was accurate. As the trial judge, I agree that the summary is accurate, subject to one matter that I will come to.

[4]    In 2020, the Police National Organised Crime Group began an investigation into a drug syndicate  involved  in  the  importation  and  commercial  scale  supply of various controlled drugs around New Zealand. Mr Fakaosilea was at the head of the syndicate.

[5]    On 9 March 2020,  Police  intercepted  a  conversation  between  you  and  Mr Fakaosilea, in which you discussed an importation of methamphetamine from Fiji to New Zealand. You also agreed to import a further 600 kg of methamphetamine from South Africa. Mr Fakaosilea told you he would bring another of your co-defendants, Mr Pelikani, over to your house to discuss the South African importation. The next day, Mr Fakaosilea picked up Mr Pelikani and drove to your house. There, the three of you discussed the South African importation.


1      Arms Act 1983, s 45(1). Maximum penalty: four years’ imprisonment or a $5,000 fine.

2      Misuse of Drugs Act 1975, s 6(1)(f). Maximum penalty: eight years’ imprisonment.

3      Crimes Act 1961, s 243(2). Maximum penalty: seven years’ imprisonment.

4      Misuse of Drugs Act, s 6(1)(a) & (2A). Maximum penalty: 14 years’ imprisonment.

5      Section 6(1)(c) & (2). Maximum penalty: life imprisonment.

[6]    Ms Kincade’s summary says that during the following months Mr Fakaosilea and Mr Pelikani met with you on numerous occasions where you continued to discuss the planned importations. I accept that you had those meetings, but I am not satisfied that you discussed the planned importations at them.

[7]    On 10 March 2020, you supplied Mr Fakaosilea with 10 ounces of methamphetamine.

[8]    On 2 December 2020, Police terminated the investigation by executing search warrants. Officers searched your East Tamaki home, where you lived with your parents. There, they found an electronic money counter, digital scales, empty ziplock bags containing residue, cash  of  $2,240,  a  shotgun  and  approximately  3.15  kg of cannabis.…

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R v Huang [2022] NZHC 3323
Case
[2022] NZHC 3323
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CaseChat Overview and Summary

In the High Court of New Zealand, Jie Huang was sentenced for various serious offences, including unlawful possession of a firearm, possession of cannabis for sale, money laundering, conspiracy to import methamphetamine, and supplying a co-defendant with methamphetamine. The court was required to determine an appropriate sentence that would hold the defendant accountable for the harm caused, promote a sense of responsibility, denounce the conduct, deter similar offending, and assist in rehabilitation. The key legal issues included determining the starting point for the sentence based on the gravity of the offending, the defendant's culpability, and personal circumstances, and applying appropriate uplifts and discounts to arrive at the final sentence.

The court began by establishing a starting point of 11 years' imprisonment, taking into account the defendant's role and responsibility in the conspiracy charges, as well as his other drug-related offences, firearms possession, and money laundering. The court applied uplifts to the starting point for the various offences, and then considered personal circumstances such as the defendant's previous good character, prospects for rehabilitation, guilty plea, and time spent on electronic monitoring (EM) bail. The court applied discounts totalling 47.5 per cent to the starting point, resulting in a final sentence of six years and three months' imprisonment for each conviction, to be served concurrently.

The court sentenced Jie Huang to six years and three months' imprisonment for each of his convictions on two charges of conspiracy to import methamphetamine, five years' imprisonment for his conviction on a charge of supplying methamphetamine, two years' imprisonment for his conviction on a charge of money laundering, and six months' imprisonment for each of his convictions on a charge of unlawful possession of a firearm and a charge of possession of cannabis for sale. All sentences are to be served concurrently.

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Background

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Ratio Decidendi

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