R v Kahlon

[2025] NZHC 350

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OR IDENTIFYING PARTICULARS OF THE DEFENDANT’S CO-ACCUSED (MR S) PURSUANT TO S 200 CRIMINAL PROCEDURE ACT 2011

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI 2023-004-004305

[2025] NZHC 350

THE KING

v

HIMATJIT SINGH KAHLON

Hearing:

21 February 2025

Appearances:

P R McNabb for the Crown

E P Priest and P Wilks for Mr Kahlon

Sentencing:

21 February 2025

SENTENCING NOTES OF TAHANA J

[Redacted]

This judgment was delivered by me on 21 February 2025

…………………………

Registrar/Deputy Registrar

Solicitors:

Crown Solicitor, Meredith Connell, Auckland Augusta Chambers, Auckland

R v KAHLON [Sentencing Notes] [2025] NZHC 350 [21 February 2025]

Introduction

[1]    Mr Kahlon, you appear for sentencing today. After a jury trial, you were found guilty of the manslaughter of Aiden Sagala after you gave him trays of beer.1 Unbeknown to Mr Sagala, the beer can that he drank from contained methamphetamine. Mr Sagala sadly passed away because of the quantity of methamphetamine he had consumed.

[2]    You were also found guilty of possession of methamphetamine for supply.2 As to the quantity of methamphetamine, the defence say the range is from 628 kilograms to 646 kilograms and the Crown say the range is from 628 to 741 kilograms. Given the quantity of methamphetamine involved, I do not consider that the difference (some 95 kilograms) has any impact on my sentencing, so I adopt the range of 628 to 741 kilograms on this basis.

[3]    In sentencing you Mr Kahlon, I must accept as proved, all of the facts which were essential to the jury’s guilty verdicts.3 As the trial judge, I am entitled to make factual findings based on the evidence at trial, where those findings are consistent with the jury’s verdicts. I will therefore start by setting out what happened and explaining my findings of fact.

[4]    I will then briefly explain the purpose and principles of sentencing and my approach to sentencing. I will then work through that approach to arrive at an end sentence.

Offending

Methamphetamine offending

[5]    You first became involved in the methamphetamine offending when you helped Mr S to remove the pallets of “Honey Bear” cans and kombucha bottles when they were delivered to the storage facility at Ryan Pace, Manukau in January 2023. There were 28,800 cans of beer and 22,680 bottles of kombucha.

1      Crimes Act 1961, ss 156, 160(2)(b), 171 and 177. Maximum penalty: Life imprisonment.

2      Misuse of Drugs Act 1975, s 6(1)(c), (1)(f) and (2)(a). Maximum penalty: Life imprisonment.

3      Sentencing Act 2002, s 24(1).

[6]    The Honey Bear cans had been imported from Canada and the kombucha bottles from Los Angeles. Mr S had paid the freight fees for those imports and organised for them to be transported to the storage facility. The storage facility was also rented by Mr S.

[7]    The Honey Bear cans and the kombucha bottles contained methamphetamine dissolved in water. The cans and bottles containing methamphetamine were…