R v Koinaki - [2024] NZHC 1559

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CRI-2023-070-152

[2024] NZHC 1559

THE KING

v

KUPA KOINAKI

Hearing: 13 June 2024

Appearances:

R W Jensen for Crown by VMR N A Pointer for Defendant

Judgment:

13 June 2024

SENTENCING REMARKS OF WILKINSON-SMITH J

Solicitors:
Pollett Legal Limited, Office of the Crown Solicitor, Tauranga Public Defence Service, Tauranga

R v KOINAKI [2024] NZHC 1559 [13 June 2024]

Introduction

[1] Mr Koinaki, on 23 April 2024 you pleaded guilty to charges of conspiracy to possess a Class A controlled drug (cocaine) for supply,1 and driving whilst disqualified.2

[2] When you pleaded guilty you accepted a sentence indication which I gave on 22 April 2024.3 I will attach my sentence indication to the sentencing notes as the indication forms part of them.

[3] My indication was a sentence of eight years’ and two months’ imprisonment with a 25 per cent discount for guilty plea. I also indicated that the sentence might be further reduced to take into account the time you had spent on electronically monitored (EM) bail, and personal mitigating factors.

[4]I will address those two matters in my sentencing today.

Offending

[5] I will briefly outline the agreed facts, as relevant to you. You will be very familiar with those facts, but it is important they form part of the public record of the sentencing today.

[6] You became involved in a conspiracy to import cocaine into New Zealand via a bulk carrier ship “MV Quest” (the Quest). Your involvement was said to be at the lower end of the hierarchy of control and organisation but was nevertheless fundamental to the success of the operation. The Crown accepted that you did not have actual knowledge of the exact drug or quantity involved in the offending and you should be sentenced on the basis that you were reckless as to those factors.

1      Misuse of Drugs Act 1975, s 6(2A)(a). Maximum penalty: 14 years’ imprisonment.
2      Land Transport Act 1998, s 32(1)(a) and (4). Maximum penalty: two years' imprisonment or a fine not exceeding $6,000.
3      R v Koinaki HC Tauranga CRI-2023-070-152, 22 April 2024.

[7] Your involvement in this offending arose due to your familial connection with the individual the Crown has identified as the lead offender, who is a family member of yours.

[8] On 22 December 2022, the Quest entered New Zealand shores near Tauranga carrying 120 kilograms of cocaine concealed in four packages within the sea chest of the vessel. The plan was that two of your co‑defendants would use diving equipment to retrieve the cocaine from the sea chest. You were to assist this retrieval team in your boat.

[9] On 3 January 2022, the Quest was given a berth in the Port of Tauranga to unload goods on board. Police were aware of the planned importation and were monitoring the movements and communications of yourself and your co-defendants. Police observed several reconnaissance trips in the Tauranga…

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 Koinaki

Details

AGLC: R v Koinaki [2024] NZHC 1559
Case: [2024] NZHC 1559
Decision Date: 13 June 2024

CaseChat Overview and Summary

In the High Court of New Zealand, Tauranga Registry, Mr. Kupa Koinaki faced charges related to conspiracy to possess a Class A controlled drug (cocaine) for supply and driving while disqualified. Upon pleading guilty, the court considered various legal issues, including the aggravating and mitigating factors, the principles and purposes of sentencing, and the allowance for personal mitigating factors and time on electronically monitored (EM) bail. The court ultimately decided on a sentence of four years' imprisonment for the conspiracy charge, a one-year disqualification from driving, and remitted outstanding fines, imposing an additional two months' imprisonment for the remission of those fines. The court's reasoning was grounded in the principles of accountability, denunciation, deterrence, and rehabilitation, taking into account Mr. Koinaki's criminal history, cultural background, and the circumstances of the offending. The final orders included a sentence of four years and two months' imprisonment for the conspiracy charge, a one-year disqualification from driving, and the remission of outstanding fines with an additional two months' imprisonment.

Orders