R v Linton - [2025] NZHC 126

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2023-009-007536 [2025] NZHC 126

THE KING

v

MATTHEW JOHN LINTON

Hearing: 11 February 2025 Appearances: C R Stuart for Crown
A M S Williams for Defendant Sentencing Notes: 11 February 2025

SENTENCING NOTES OF EATON J

This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

R v LINTON [2025] NZHC 126 [11 February 2025]

Introduction

[1] Matthew John Linton, you appear for sentence having pleaded guilty to a charge of money laundering.1

The offending

[2] You were arrested as part of a police operation regarding a multi-million-dollar methamphetamine and cocaine supply network to Christchurch which was being operated by the Tribesmen Motorcycle Gang (Tribesmen MC) between September 2021 and October 2023.

[3] Th police obtained surveillance device warrants that allowed them to intercept private communications and covertly record locations of interest. The police executed multiple search warrants that revealed large quantities of cash and the seizure of multiple electronic devices.

[4] Ricky Poa (formerly Smith) is a patched member of the Tribesmen MC gang. He holds the rank of National Vice President. Mr Poa has entered guilty pleas to his role in leading this offending. He has been given and accepted a sentence indication, but he is yet to be sentenced.

[5] Mr Poa was the principal offender of the methamphetamine and cocaine supply network. He led the other persons who have been charged. He was the main financial beneficiary of the drug dealing activity. He was primarily responsible for sourcing kilogram quantities of methamphetamine and cocaine from organised criminal groups in Auckland and elsewhere. Consistent with that role, he did not have the controlled drugs or cash in his personal possession. Instead, the way this operation was conducted is that he arranged for trusted patched members and gang associates to manage the transportation and, particularly relevant to you, the storage of cash.

1 Crimes Act 1961, ss 243(2) and 66; maximum penalty seven years’ imprisonment.

[6] You are 41 years of age. You are a senior patched member of the Tribesmen MC. The material before me confirms you have been a member of that gang for the past 15 years.2

[7] Between 26 October 2021 and 12 October 2023, you engaged in money laundering transactions knowing or believing that all or part of the property was the proceeds of the offence of selling or supplying the Class A controlled drugs, methamphetamine and cocaine. The total quantity of cash attributable to the charge of money laundering to which you pleaded guilty is $761,879, which is broken down as follows:

(a)$566,765 transferred into offshore gambling accounts;

(b)$4,560 cash and a cash counting machine stored at your home address in New Brighton (14 December 2022);

(c)$19,707 cash and a cash counting machine stored at your home address found on a later date (25 April 2023);

(d)$133,825 cash was found in the storage…

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 Linton

Details

AGLC: R v Linton [2025] NZHC 126
Case: [2025] NZHC 126
Decision Date: 11 February 2025

CaseChat Overview and Summary

Matthew John Linton pleaded guilty to a charge of money laundering and was sentenced by the High Court of New Zealand. The court was required to determine the appropriate starting point for sentencing and whether any uplift was necessary to account for Linton's previous convictions. The court also considered mitigating factors, such as Linton's guilty plea, his personal background, and his prospects for rehabilitation.

The court began by assessing the gravity of Linton's offending, noting his involvement in a significant Class A drug dealing network and his role as a senior patched member of the Tribesmen Motorcycle Gang. The court found that Linton's role in the drug dealing network was significant, and that he was aware that the money he was laundering was the illicit proceeds of drug dealing. The court determined that the appropriate starting point for sentencing was four years and nine months' imprisonment, considering factors such as the nature of the offending, the total amount laundered, and the extent to which Linton had personally benefited.

The court then considered whether an uplift was necessary to account for Linton's previous convictions, including convictions for methamphetamine dealing. The court determined that an uplift of three months' imprisonment was appropriate to reflect Linton's history of drug-related offending.

Finally, the court considered mitigating factors, such as Linton's guilty plea, his personal background, and his prospects for rehabilitation. The court found that Linton's background of instability and addiction, as well as his remorse and prospects for rehabilitation, warranted a deduction of 35 per cent from the starting point. The final sentence imposed was three years and one month's imprisonment.

The final orders of the court were that Matthew John Linton be sentenced to three years and one month's imprisonment for the charge of money laundering.

Orders