R v Li - [2023] NZHC 891

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-004-4183

[2023] NZHC 891

THE KING

v

YANGZI LI

Hearing: 21 April 2023

Counsel:

C McDiarmid for Crown S R Lack for Defendant

Judgment:

21 April 2023

SENTENCING NOTES OF HINTON J

Solicitors: Meredith Connell, Auckland

R v LI [2023] NZHC 891 [21 April 2023]

[1] Mr Li, you appear for sentence after having accepted a sentence indication provided by me on 16 February 2023. You have pleaded guilty to the following charges: one charge of importing class A controlled drug methamphetamine;1 three charges of importing class B controlled drug MDMA;2 one charge of possessing class A controlled drug methamphetamine;3 one charge of possessing the class A controlled drug cocaine for purposes of supply;4 one charge of possessing the class C controlled drug cannabis for purposes of supply;5 and one charge of defrauding the Customs revenue.6

The facts

[2] The facts underlying your offending are set out in full in the sentence indication attached to these sentencing notes. In short, you emigrated to New Zealand in September 2005 as a resident. You gained citizenship in 2009. The charges you have pleaded to relate to the importation for distribution of controlled substances and undeclared cigarettes into New Zealand between 7 July 2019 and 20 August 2020. You worked alongside a Mr Zhang to carry out these offences. Mr Zhang has since been sentenced.

[3] I do not repeat the summary of the offending which is set out at paragraphs [3] to [10] of the sentence indication. I rely on the indication itself. Given the supplementary orders sought by the Crown,7 I note in particular the items found in your possession listed at paragraph [6] of the indication, including 2.724 grams of methamphetamine and $10,700 in cash.

Approach to sentencing

[4] I also rely on, and remind myself of, the principles and purposes of sentencing set out at [11] and [12] of the sentence indication. I would emphasise that consistency

1      Misuse of Drugs Act 1975, ss 6(1)(a) and 6(2)(a). Maximum penalty life of imprisonment.
2      Sections 6(1)(a) and 6(2)(b). Maximum penalty of 14 years’ imprisonment.
3      Sections 7(1)(a) and 7(2)(a). Maximum penalty of 6 months’ imprisonment or $1,000 fine.
4      Sections 6(1)(f) and 6(2)(a). Maximum penalty of life imprisonment.
5      Sections 6(1)(f) and 6(2)(c). Maximum penalty of 8 years’ imprisonment.
6      Customs and Excise Act 2018, ss 371(1)(a) and (4)(a). Maximum penalty of 5 years’ imprisonment or a fine not exceeding $20,000.
7 Addressed at [28].

is important in sentencing and applies in this case with respect to your co-defendant, Mr Zhang.

Starting point

[5] I turn to the starting point. The guideline for sentencing of methamphetamine offending is Zhang v R,8 modified in part by the recent Supreme Court decision in Berkland v R.9 The Court of Appeal in Zhang laid out sentencing bands to be applied with reference to the quantity of methamphetamine involved and emphasised the importance of considering…

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 Li

Details

AGLC: R v Li [2023] NZHC 891
Case: [2023] NZHC 891
Decision Date: 21 April 2023

CaseChat Overview and Summary

Yangzi Li was sentenced for charges including drug importation and possession for supply, as well as defrauding Customs revenue. Li had pleaded guilty to importing 1.472 kilograms of methamphetamine and 7.348 kilograms of MDMA, possessing methamphetamine, cocaine, and cannabis for supply, and defrauding Customs revenue through the importation of undeclared cigarettes. The court considered the significant role Li played in the importation network, particularly his direction of his co-defendant, Mr Zhang. Li's culpability was found to be similar to that of another defendant in a comparable case, resulting in a starting point of 10 years' imprisonment for the lead charge of importing methamphetamine. An uplift of two years' imprisonment was added for the other charges, bringing the global starting point to 12 years' imprisonment. A 20% discount was applied for Li's guilty plea, and a 10% discount was given for his rehabilitation efforts. The court also considered Li's remorse and insight into his offending, justifying a 5% reduction. Taking into account totality considerations, the court determined that a further reduction of six months' imprisonment was appropriate. Li was ultimately sentenced to 7 years and 3 months' imprisonment for the charge of importing methamphetamine, and 2 years' imprisonment for each of the other charges, with all sentences to run concurrently. The court also ordered the destruction of all substances, materials, and equipment seized in relation to the offences and the forfeiture of NZD $10,700 cash seized from Li's address.

Orders