R v McMeekan - [2022] NZHC 2557

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2020-009-3724

[2022] NZHC 2557

THE KING

v

TAMAL EDWARD MCMEEKAN

Hearing: 5 October 2022

Appearances:

C C White for Crown

T D A Harré for Defendant

Judgment:

5 October 2022

JUDGMENT OF OSBORNE J

Introduction

[1]Mr McMeekan, I am going to ask you to stand.

[2] Tamal Edward McMeekan, you appear for sentence in relation to the following charges to which you pleaded guilty on 28 June 2022:

(a)possession of methamphetamine for supply;1

(b)obstructing or hindering a medical officer of health or person assisting a medical officer;2

1 Misuse of Drugs Act 1975, s 6(1)(f) and (2) – maximum penalty of life imprisonment.
2 Health Act 1956, s 72(d) – maximum penalty of six months’ imprisonment and/or a fine of $4,000.

R v TAMAL EDWARD MCMEEKAN [2022] NZHC 2557 [5 October 2022]

(c)failure to carry out obligations in relation to a computer search;3 and

(d)possession of cannabis.4

[3] As counsel have mentioned, I provided you with a sentencing indication on 20 June 2022, following which you entered your guilty pleas. I will now be sentencing you in line with that indication, which will be attached to the typed version of these sentencing remarks.

[4] Mr McMeekan, I am shortly going to ask you to sit again while I explain the sentence I will be imposing on you. This will take some time and I will indicate to you towards the end when you need to stand again.

[5]Please be seated now.

The offending

[6] You agreed with the summary of facts presented by the Crown and I now summarise those facts.

The methamphetamine operation

[7] In October 2019, the Canterbury Organised Crime Unit commenced an investigation into the drug dealing activities of members and associates of the Tribesmen Motorcycle Club (Tribesmen) gang in Canterbury. It was revealed that Tribesmen members and associates were regularly involved in the purchase and distribution of significant quantities of methamphetamine. You were a prospect of the Tribesmen and Mr Ilton was an associate of that gang. You were recruited into the gang by a patched member who had a close relationship with Mr Ilton (namely, James Symons).

[8] The agreed summary of facts records that you were likely utilised by the Tribesmen due to your expertise with motorcycles, your ability and flexibility to travel

3 Search and Surveillance Act 2012, s 178 – maximum penalty of three months’ imprisonment.
4 Misuse of Drugs Act, s 7(1)(a) and (2) – maximum penalty of three months’ imprisonment.

domestically to facilitate drug offending by the gang around New Zealand, and your loyalty to the gang. However, it is not believed that you held any degree of control or influence in the criminal enterprise, nor would you have received significant financial reward for your involvement.

The search warrant

[9] On the morning of 3 May 2020, you arrived in Christchurch from Wellington. At about 4.03 pm you arrived at Mr Ilton’s property…

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 McMeekan

Details

AGLC: R v McMeekan [2022] NZHC 2557
Case: [2022] NZHC 2557
Decision Date: 5 October 2022

CaseChat Overview and Summary

In the High Court of New Zealand Christchurch Registry, Osborne J sentenced Tamal Edward McMeekan on charges of possession of methamphetamine for supply, obstructing or hindering a medical officer of health or person assisting a medical officer, failure to carry out obligations in relation to a computer search, and possession of cannabis. McMeekan was a prospect of the Tribesmen Motorcycle Club and was involved in the purchase and distribution of methamphetamine. He was found in possession of nearly three kilograms of methamphetamine, cash, and cannabis. The court considered McMeekan's role as a 'catcher', someone who holds large quantities of drugs but has a junior role in the organisation. The court decided on a starting point of seven and a half years' imprisonment, adjusted for personal mitigating factors such as his guilty plea and disadvantages in his background. The final sentence was five years and five months' imprisonment for methamphetamine for supply, two months' imprisonment for failure to carry out obligations in relation to a computer search, and one month's imprisonment for possession of cannabis. The court did not impose an additional sanction for the Health Act charge.

Orders