Legal Research
Cases
R v Huang

R v Huang

Case [2022] NZHC 3323 9 December 2022

No judgment structure available for this case.

Type to search within this case.

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.…

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 Huang

Details

AGLC: R v Huang [2022] NZHC 3323
Case: [2022] NZHC 3323
Decision Date: 9 December 2022

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.

Orders