R v Lang - [2016] NZHC 1899

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2014-088-003309 [2016] NZHC 1899

THE QUEEN

v

MARK JAMES LANG

Hearing: 16 August 2016

Appearances:

Michael Smith and Richard Annandale for the Crown
John Watson for the Defendant

Judgment:

16 August 2016

SENTENCING NOTES OF MOORE J

R v LANG [2016] NZHC 1899 [16 August 2016]

Introduction

[1] Mark James Lang, at the age of 42 you appear for sentence having pleaded guilty to two charges of manufacturing the Class A controlled drug methamphetamine and one charge of possessing equipment with intent that it be used in the manufacture of methamphetamine. The maximum penalty for the manufacturing charges is life imprisonment.1

[2] Initially, you faced a good deal more charges arising out of the same events. However, no doubt in recognition of your willingness to plead guilty to the present charges, the Crown has agreed not to offer evidence on the other charges and invites the Court to dismiss those charges under s 147 of the Criminal Procedure Act 2011. Accordingly, I formally discharge you on those charges.

Background

[3] Although the background to the events which led to you being arrested on these charges will be well known to you, because the sentencing process is required to be undertaken in public I must repeat what I have said before in relation to your co-defendants. Much of what I will be discussing is drawn from the summary of facts, the contents of which I understand you agree with.

[4] In July 2014 the Organised and Financial Agency of New Zealand (“OFCANZ”) began a large scale covert investigation codenamed Operation Easter. OFCANZ’s energies were directed towards the investigation into an organised criminal group made up of patched members of the Headhunters motorcycle gang. I shall refer to them as “the Group”.

[5] The Group was formed under the direction of Brownie Joseph Harding. Its purpose was to manufacture and distribute very substantial quantities of methamphetamine. Brownie Harding sourced the equipment and raw materials, recruited the Group’s members and co-ordinated the production and distribution of the drug. The “cooks” or manufacturers had varying degrees of skill and experience.
They were also involved to a greater or lesser extent. During the early phase of what

1 Misuse of Drugs Act 1975, s 6(2)(a).

turned out to be a three or four month period of surveillance, Brownie Harding participated actively, not only as a cook and co-ordinator of the Group’s activities, but also as a teacher and instructor in the arts of methamphetamine manufacture.

[6] The manufacturing took place at an isolated rural address (“the address”). It was a property nestled in a tiny farming community situated at the Waiotira end of Taipuha Road. It is about 30 kms southwest of Whangarei. The drugs manufactured there were then packaged for sale and distributed across the Auckland and Northland regions.

[7] As time progressed, the Police’s operation grew in its sophistication. Initially a single movement-activated video camera scanned the north side of the house. This was…

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 Lang

Details

AGLC: R v Lang [2016] NZHC 1899
Case: [2016] NZHC 1899
Decision Date: 16 August 2016

CaseChat Overview and Summary

In the case of R v Lang, the defendant, Mark James Lang, appeared before the High Court of New Zealand, Whangarei Registry, having pleaded guilty to charges of manufacturing methamphetamine, a Class A controlled drug, and possessing equipment with intent to use it in the manufacture of methamphetamine. The maximum penalty for each manufacturing charge was life imprisonment. Lang was part of an organised criminal group involved in manufacturing and distributing substantial quantities of methamphetamine. The court had to determine the appropriate sentence for Lang, considering the seriousness of the offence and the principles of sentencing.

The legal issues the court had to decide included determining the appropriate starting point for sentencing based on the quantity of drugs manufactured and Lang's role in the operation. The court also had to consider Lang's personal circumstances and the discounts applicable for his early guilty plea and remorse. The court found that Lang's involvement, though not as significant as some of his co-defendants, was nonetheless substantial and influential, leading to a starting point of 19 years' imprisonment. After applying discounts for his guilty plea and remorse, the court sentenced Lang to 14 years and 4 months' imprisonment for the manufacturing charges and 3 years' imprisonment for the possession charge, to be served concurrently, with a minimum non-parole period of 7 years and 2 months.

The court's reasoning was based on the gravity of the offence, the quantity of drugs manufactured, and Lang's active participation in the manufacturing process. Despite Lang's remorse and good prior character, the court emphasised the destructive effects of methamphetamine and the need for deterrence and denunciation. The final orders included a concurrent sentence of 14 years and 4 months for the manufacturing charges and 3 years for the possession charge, with a non-parole period of 7 years and 2 months.

Orders