R v Mathers

[2022] NZHC 3473

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI 2020-004-9587

[2022] NZHC 3473

THE KING

v

LUKE MATHERS

Hearing:

16 December 2022

Appearances:

B Kirkpatrick for the Crown

K Beaton KC and A Hollingworth for the defendant

Date:

16 December 2022

SENTENCING NOTES OF CAMPBELL J

R v MATHERS [2022] NZHC 3473 [16 December 2022]

Introduction

[1]                 Mr Mathers, you appear for sentencing having pleaded guilty to two charges of possession  of methamphetamine for supply,1  a charge  of unlawful  possession   of ammunition,2 and a charge of unlawful possession of a firearm.3

[2]                 My job today, on behalf of the community, is to impose a sentence on you for those offences.

Offending

[3]                 A summary of facts was presented to the Court when you pleaded guilty. You accepted that summary of facts. I will sentence you on the basis of them, together with any inferences I can draw from them.4

[4]                 In 2020, the Police National Organised Crime Group began an investigation into a drug syndicate  involved  in  the  importation  and  commercial  scale  supply of various controlled drugs around New Zealand. Your co-defendant Seiana Fakaosilea, the acting National Commander of the Comanchero Motorcycle Club, was at the head of the syndicate.

[5]                 You are a patched member of the Rebels Motorcycle Club. You had a close working relationship at that time with Mr Fakaosilea. On three occasions, he arranged the delivery of commercial quantities of methamphetamine to you in Christchurch. You possessed that methamphetamine for the purpose of supplying it to your own customer base.

[6]                 Two deliveries took place in March 2020, both involving an unknown commercial quantity of methamphetamine. A third delivery was in August of that year, involving at least 500 g of methamphetamine.

1      Misuse of Drugs Act 1975, s 6(1)(f). Maximum penalty: life imprisonment.

2      Arms Act 1983, s 45(1). Maximum penalty; four years’ imprisonment or a $5,000 fine.

3      Section 45(1). Maximum penalty; four years’ imprisonment or a $5,000 fine.

4      R v R [2019] NZCA 135 at [33]; R v Kinghorn [2014] NZCA 168 at [20] and [31]; Pokai v R [2014]

NZCA 356 at [30]–[36]; and R v Apostolakis (1997) 14 CRNZ 492 (CA) at 494.

[7]                 The third delivery was made to you at the Rebels gang pad in Christchurch. Almost simultaneously, Police executed a search warrant at the gang pad. As they were doing so, you ran into the gang pad. You and your co-defendant Jarrad Singer flushed the methamphetamine down the sink and toilet and smashed three cell phones. About ten minutes later, you surrendered to Police.

[8]                 During their search of the Rebels gang pad, officers found two shotguns loaded with ammunition, and your encrypted phone. Later, in December 2020, Police searched your home. They found that you were in possession of $72,600 in separate bundles of cash and an encrypted phone.

Approach to sentencing

[9]                 Mr Mathers, in sentencing you I need to hold you accountable for the…