IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2021-009-8205
[2024] NZHC 1810
THE KING v
ZANE ROBERT JORDAN
Hearing: 4 July 2024 Appearances:
B Hawes and A M Harvey for Crown S N B Wimsett KC for Defendant
Judgment:
4 July 2024
SENTENCING REMARKS OF MANDER J
Introduction
[1] Zane Jordan, you appear for sentence in relation to two charges of possession for supply of the Class A controlled drug cocaine, to which you have pleaded guilty.1
The offending
[2] Your offending arises out of a significant police investigation into the importation of cocaine into this country from South America. The drug syndicate operated from at least January 2018 to November 2021 and involved the importation of an estimated 42.5 kilograms of cocaine into New Zealand with a street price of over
$19,000,000. However, the offending for which you are for sentence is limited to two
1 Misuse of Drugs Act 1975, s 6(1)(f) and (2)(a) — maximum penalty life imprisonment.
R v JORDAN [2024] NZHC 1810 [4 July 2024]
discrete transactions that involved the internal trafficking of cocaine within New Zealand. You dispute that you were aware of the broader drug trafficking operation. I return to that point later.
[3] On 25 April 2021, you were parked in a motor vehicle in Auckland. Two of your co-defendants got into your vehicle and supplied cocaine to you. They had both travelled to Auckland from Christchurch that morning.
[4] On 11 July 2021, you met again with one of those gentlemen. He supplied you with a further package of cocaine. Later that month, on 27 July, you paid for the cocaine by providing $100,000 in cash.
[5] The total amount of cocaine involved in your offending was between 650 and 700 grams. You were involved in two cash handovers for the cocaine you received — the one on 27 July of $100,000 and another for $114,100 — both of which were in payment for the cocaine.
Approach to sentencing
[6] The Sentencing Act 2002 sets out the purposes and principles of sentencing that I am required to take into account in sentencing you today. Relevant purposes include accountability, denunciation, deterrence and rehabilitation. I need to consider the gravity of your offending, the degree of your culpability, the seriousness of the offending and the general desirability of consistency in imposing sentences for like offending. I am required to impose the least restrictive outcome that is appropriate in the circumstances.
[7] In passing sentence, I must fix a period of imprisonment that is commensurate with the seriousness of your offending, in accordance with sentencing guidelines for Class A drug offending provided by the appellate courts.2 Broadly, your culpability is to be assessed by the quantity of the drug involved and the role you played in the
2 Zhang v R [2019] NZCA 507, [2019] 3 NZLR 648; Cavallo v R [2022] NZCA 276, (2022) 30
CRNZ 726; and Berkland v R
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- AGLC
- R v Jordan [2024] NZHC 1810
- Case
- [2024] NZHC 1810
- Decision Date
CaseChat Overview and Summary
The court determined a starting point of seven years’ imprisonment, considering the amount of cocaine involved and Jordan's role in the distribution hierarchy. The court found that Jordan was at the lower end of band four in the guideline judgment for Class A drug offending, but noted that sentence starting points for cocaine should generally be slightly below those for methamphetamine. After considering mitigating factors such as Jordan's guilty plea, previous good character, remorse, and rehabilitative efforts, the court applied a total discount of 25 per cent to the starting point, resulting in a final sentence of five years three months’ imprisonment. The court also granted a forfeiture order for all cash located by police and an order for the destruction of cell phones seized from Jordan's address.
The final orders of the court were that Zane Robert Jordan was sentenced to five years three months’ imprisonment for the two charges of possessing a Class A drug for supply, and that an order be made for the forfeiture of all cash located by police and the destruction of cell phones seized from his address.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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