R v Jefferies-Smith

Case [2019] NZHC 2067


IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CRI-2018-070-000050

[2019] NZHC 2067

THE QUEEN

v

COLIN RICHARD JEFFERIES-SMITH CASEINO HETA WILLIAMS

Hearing: 22 August 2019

Appearances:

A J Pollett for the Crown

M A Edgar for Jefferies-Smith J Holmes for Williams

Sentencing:

22 August 2019


SENTENCING REMARKS OF WOOLFORD J


Solicitors:           Pollett Legal Ltd (Office of the Crown Solicitor), Tauranga

Counsel:            M Edgar, Barrister, Auckland

J Holmes, Barrister, Tauranga

R v JEFFERIES-SMITH [2019] NZHC 2067 [22 August 2019]

[1]                 Colin Jefferies-Smith and Caseino Williams, you are for sentence today following a six week jury trial in the Rotorua High Court, which commenced on 6 May 2019. At the conclusion of the trial on 17 June 2019, you, Mr Jefferies-Smith, were found guilty of manslaughter and, you, Mr Williams, were found guilty of unlawful possession of a firearm and being an accessory after the fact to manslaughter.

[2]You, Mr Jefferies-Smith, have subsequently pleaded guilty to five charges of:

(a)Possession of methamphetamine for supply;1

(b)Offering to supply methamphetamine;2

(c)Supplying methamphetamine;3

(d)Offering to supply cannabis;4 and

(e)Possession of cannabis for sale.5

You are to be sentenced on these charges today as well.

[3]Mr Williams, you also subsequently pleaded guilty to eight charges of:

(a)Injuring with reckless disregard (x 2);6

(b)Assault with a firearm;7

(c)Male assaults female (representative);8


1      Misuse of Drugs Act 1975, ss 6(1)(f) and 6(2)(a). The maximum penalty is life imprisonment.

2      Misuse of Drugs Act 1975, ss 6(1)(c) and 6(2)(a). The maximum penalty is life imprisonment.

3      Misuse of Drugs Act 1975, ss 6(1)(c) and 6(2)(a). The maximum penalty is life imprisonment.

4      Misuse of Drugs Act 1975, ss 6(1)(e) and 6(2)(c). The maximum penalty is eight years’ imprisonment.

5      Misuse of Drugs Act 1975, ss 6(1)(f) and 6(2)(c). The maximum penalty is eight years’ imprisonment.

6      Crimes Act 1961, s 189(2). The maximum penalty is five years’ imprisonment.

7      Crimes Act 1961, s 189(2). The maximum penalty is five years’ imprisonment.

8      Crimes Act 1961, s 194(b). The maximum penalty is two years’ imprisonment.

(d)Assault with a weapon;9

(e)Threatening to kill (x 2);10 and

(f)Assault with intent to injure.11

You too are to be sentenced today on these charges.

Summary of facts

[4]                 Mr Jefferies-Smith was a low-level dealer in methamphetamine and cannabis. The deceased was the Sergeant-at-Arms of the Notorious chapter of the Mongrel Mob. Mr Jefferies-Smith had failed to complete a drug transaction, which resulted in a witness, Wihapi, being $2,000 out of pocket. The deceased then took Mr Jefferies- Smith’s car from him as a “taxing” exercise. The taxing took place prior to 5.30 pm on 31 December 2017. Mr Jefferies-Smith subsequently paid money and drugs to the deceased and appears to have believed that this would result in the return of his car.

[5]                 Over the following days, Mr Jefferies-Smith grew increasingly angry about not getting his car back and began to consider using violence, as evidenced in a text message in which he said…

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R v Jefferies-Smith [2019] NZHC 2067
Case
[2019] NZHC 2067
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CaseChat Overview and Summary

Colin Jefferies-Smith and Caseino Williams were sentenced following a six-week trial in which Jefferies-Smith was found guilty of manslaughter, while Williams was found guilty of unlawful possession of a firearm and being an accessory after the fact to manslaughter. Both defendants subsequently pleaded guilty to a number of additional charges. The court had to decide on appropriate sentences for both defendants. The court found that a starting point of ten years' imprisonment was appropriate for the manslaughter charge against Jefferies-Smith, which was reduced to nine years' imprisonment after a 10% discount for his early indication of a willingness to plead guilty. The court imposed a sentence of two years' imprisonment for the drug offences, to be served cumulatively with the manslaughter sentence, resulting in a total sentence of 11 years' imprisonment. For Williams, the court imposed a starting point of three years' imprisonment for the firearms charge and 18 months' imprisonment for the accessory charge, to be served cumulatively, resulting in a total sentence of three years and one month's imprisonment for the charges on which he was found guilty at trial. The court imposed a sentence of three years' imprisonment for the family violence charges, to be served cumulatively with the sentence for the charges from trial, resulting in a total sentence of six years and one month's imprisonment. The court made an order for the destruction of the firearm and ammunition produced at trial and made a protection order against Williams in favour of his former partner and her son.

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