R v Iwu - [2015] NZHC 1438

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-092-13378 [2015] NZHC 1438

THE QUEEN

v

NNAMDI AUGUSTINE IWU UGOCHUKWU KINGSLEY OKPARA HYACINTH DAMUS OCHIBULU NANCY LILLIAN LEEFE

Hearing: 18 June 2015

Appearances:

Y V Yelavich and E Woolley for the Crown
M Ryan for Iwu
S Tait and J Hudson for Okpara
M S Gibson for Ochibulu
J W Clearwater for Obiaga
R L Thomson for N Leefe

Date:

18 June 2015

SENTENCING REMARKS OF THOMAS J

R v IWU, OKPARA, OCHIBULU and LEEFE [2015] NZHC 1438 [18 June 2015]

Introduction

[1] Mr Iwu, Mr Okpara, Mr Ochibulu, Mr Obiaga and Ms Leefe, you appear for sentence after being found guilty by a jury of various importation and possession for supply charges relating to your participation in a network responsible for importing over 2.5 kilograms of methamphetamine into the country.

[2] Today, each of you will be sentenced in respect of your involvement in relation to that offending.

The facts

[3] I will briefly set out the facts of the offending and consider each of your roles in more detail as I deal with your individual sentences.

[4] The charges were laid as a result of the New Zealand Police and the New Zealand Customs’ investigation into an organised criminal enterprise involving parties in Nigeria, Malaysia and New Zealand, with the purpose of importing methamphetamine into New Zealand through mixed methods of delivery being, specifically, the use of a physical courier and two mail importations.

Physical courier

[5] The first importation was on 13 November 2013, involving 1.5 kilograms of methamphetamine brought into New Zealand by Mr Miranda.1 Ms Leefe, you were instructed by Mr Obiaga to go the airport to make sure that Mr Miranda had successfully passed through Customs. Mr Obiaga gave you his flight details and a photograph. The flight was delayed so you left the airport shortly after. Mr Miranda was stopped by Customs. It was found he had over 1.5 kilograms of methamphetamine secreted in his luggage. Mr Miranda agreed to work with the
Police to undertake a controlled delivery.

1 Mr Miranda was acquitted by the jury on the charge of importation.

[6] Mr Miranda was instructed by a Daniel Tucker in Nigeria to hand over the bags to a Mr “Alfred Coker” in Auckland. Through text messages and telephone calls between Mr Miranda and Mr Coker, who was Mr Iwu, arrangements were made for Mr Miranda to deliver the bags containing methamphetamine to Mr Coker on 18 or 19 November 2013.

[7] On 18 November 2013, Mr Iwu travelled to Auckland to collect the bags. Mr Miranda waited at the pick-up location but no one arrived. Over the next few days, he received phone calls and text messages from a “Suzanne”, who introduced herself as Alfred Coker’s partner, to arrange the handover of the bags. “Suzanne” was subsequently identified as Ms Fiona Ishak who was acting on instructions from Mr Obiaga.2 Eventually, on 21 November 2013, the handover of the bags to…

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 Iwu

Details

AGLC: R v Iwu [2015] NZHC 1438
Case: [2015] NZHC 1438
Decision Date: 18 June 2015

CaseChat Overview and Summary

In the High Court of New Zealand, the court sentenced Mr Iwu, Mr Okpara, Mr Ochibulu, Mr Obiaga and Ms Leefe after finding them guilty of various charges relating to the importation and possession for supply of methamphetamine into New Zealand. The court had to decide on the appropriate starting point for each offender's sentence, taking into account the nature and extent of their offending, and then adjust the starting point based on their personal circumstances. The primary purpose of sentencing in this case was deterrence, given the harm caused by methamphetamine in the community. The court also considered the need for denunciation, accountability, and rehabilitation. The court imposed sentences of 18 years' imprisonment for Mr Iwu, 16 years and 2 months' imprisonment for Mr Okpara, 15 years and 10 months' imprisonment for Mr Ochibulu, 15 years and 10 months' imprisonment for Mr Obiaga, and 9 years' imprisonment for Ms Leefe. The court did not impose a minimum period of imprisonment for any of the offenders, as the lengthy terms of imprisonment were sufficient to meet the objectives of sentencing.

Orders