R v Kerr - [2024] NZHC 2289

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2021-088-002754

[2024] NZHC 2289

THE KING

v

KAURI KERR PATARIKA APIATA

GLENN ALEXANDER COOK

Defendants

Hearing: 15 August 2024

Appearances:

B M O’Connor, A J Goodwin for the Crown

K E Tuialii (on behalf of J J Rhodes) for Mr Kerr A Ives, C Taylor for Mr Apiata

W T Nabney for Mr Cook

Judgment:

15 August 2024

SENTENCING NOTES OF WHATA J

Solicitors/Counsel:
Marsden Woods Inskip Smith (Office of the Crown Solicitor) Whangarei J J Rhodes, K E Tuialii, Barristers, Auckland
A Ives, C Taylor, Barristers, Auckland W T Nabney, Barrister, Tauranga

R v KERR [2024] NZHC 2289 [15 August 2024]

[1] Mr Kerr, Mr Cook and Mr Apiata, you all have pleaded guilty to the various charges associated with a methamphetamine business. It now falls to me to sentence you on those charges.

[2]To do this, I will:

(a)First, identify the charges on which each of you have pleaded guilty.

(b)Second, I will describe the key facts of your offending.

(c)Third, set out my reasons for the sentence I will impose on each of you.

(d)Finally, I will impose those sentences on you.

[3]Mr Kerr, you have pleaded guilty to:

(a)one charge of importation of methamphetamine (representative charge) between 3 March 2020 and 14 October 2021;

(b)importation of MDMA (representative charge) between 9 April 2020 and 4 October 2020;

(c)importation of pseudoephedrine on 6 April 2021;

(d)conspiracy to manufacture methamphetamine between 1 April 2021 and 3 November 2021;

(e)conspiracy to supply methamphetamine between 1 April 2021 and 12 November 2021;

(f)offer to supply methamphetamine on 7 October 2021;

(g)conspiracy to supply methamphetamine on 4 November 2021;

(h)cultivation of prohibited plant (cannabis) between 8 October 2021 and 12 November 2021;

(i)conspiracy to sell cannabis between 8 October 2021 and 12 November 2021; and

(j)participation in an organised criminal group between 3 March 2020 and 12 November 2021.

[4]Mr Apiata, you have pleaded guilty to:

(a)conspiracy to manufacture methamphetamine between 1 August 2021 and 12 November 2021;

(b)supply of methamphetamine (representative) between 1 August 2021 and 12 November 2021;

(c)supply of methamphetamine (representative) between 6 October 2021 and 10 October 2021, particularly, 14 ounces; and

(d)participating in an organised criminal group between 1 August 2021 and 12 November 2021.

[5]Mr Cook, you have pleaded guilty to:

(a)conspiracy to manufacture methamphetamine between 1 April 2021 and 12 November 2021;

(b)conspiracy to supply methamphetamine between 27 September 2021 and 12 November 2021;

(c)possession of a controlled drug for the purpose of supply between 1 November 2021 and 4 November 2021;

(d)participation in an organised criminal group between 3 March 2020 and 12 November 2021;

(e)failure to carry out obligations in relation to computer system search on 12 November 2021; and

(f)unlawful possession of a prohibited firearm on 27 August 2021.

[6]I now sentence each of you for that offending.

Facts of the offending

[7] Operation Freya was a joint Police and Customs investigation that detected…

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 Kerr

Details

AGLC: R v Kerr [2024] NZHC 2289
Case: [2024] NZHC 2289
Decision Date: 15 August 2024

CaseChat Overview and Summary

Kauri Kerr, Patarika Apiata, and Glenn Alexander Cook were sentenced in the High Court of New Zealand Whangarei Registry on various charges related to their involvement in a methamphetamine business. The court identified charges including importation of methamphetamine, conspiracy to manufacture and supply methamphetamine, and participation in an organised criminal group. The sentencing process involved setting a starting point for imprisonment, considering personal factors for potential discounts, and applying a discount for guilty pleas. For Mr Kerr, the starting point was set at 19 years and six months due to the scale and nature of his offending. Discounts were applied for his traumatic background, efforts at rehabilitation, and his guilty plea, resulting in a final sentence of 12 years and eight months. Mr Apiata's starting point was 10 years and three months, reduced to six years and four months after applying discounts for background factors, rehabilitation, and his guilty plea. Mr Cook received a sentence of three years and 10 months after considering his lesser role and applying discounts for time spent on electronic monitoring bail, rehabilitation efforts, and his guilty plea. All sentences were ordered to be served concurrently.

Orders