IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2017-004-002723
[2018] NZHC 532
THE QUEEN v
THAMMANOUN MINGSISOUPHANH
Hearing: 26 March 2018 Appearances:
F Culliney for Crown
A Holland for Defendant
Judgment:
26 March 2018
SENTENCING NOTES OF VENNING J
Solicitors: Crown Solicitor, Auckland Counsel: A Holland, Auckland
R v MINGSISOUPHANH [2018] NZHC 532 [26 March 2018]
[1] Mr Minsisouphanh you have pleaded guilty to a number of serious drug offences. You have pleaded guilty to possession of material (t-boc methamphetamine) with intent to manufacture methamphetamine; possessing equipment with intent to manufacture methamphetamine; conspiring to manufacture methamphetamine; possession of ephedrine for supply; and possession of cocaine for supply.
[2] You are for sentence this morning following your acceptance of a sentence indication of the Court. At the outset Mr Holland sought an adjournment to enable you to attend a residential course at Odyssey House to address a gambling addiction. After hearing from counsel I declined that request. I did so for a number of reasons. There was no mention of such an addiction in the pre-sentence report and it was not a matter you raised. However, I accept from counsel that that is an issue and that you do have a gambling addiction. Notwithstanding that, the offer of a place in Odyssey House is not yet confirmed, and even if was, given the lengthy term of imprisonment that you will face the Court would not necessarily be prepared to grant bail for you to attend the course. Given the length of term of imprisonment you face there is a real risk of flight, particularly because you have no connection with New Zealand at all. You have real incentives to leave the country. Further, given the lengthy term of imprisonment that you face such a course could be undertaken at a more appropriate time during the course of your sentence if it is still necessary. It is not a case where completion of such a course at this stage would make a marked difference to the sentence the Court will impose.
[3] The background to your offending is this. On 14 January 2017 a consignment of cargo containing an estimated 160 litres of t-boc methamphetamine, labelled as dishwashing liquid, left Hong Kong. It arrived in New Zealand on 28 January 2017. A Customs examination revealed the t-boc methamphetamine. T-boc is added to methamphetamine that has already been manufactured to mask the methamphetamine. It can be removed through a chemical process enabling the remainder to be supplied as methamphetamine. Environmental Science and Research (ESR) estimate that with the addition of hydrochloric acid and the completion of an evaporation process the 160 litres seized was capable of producing 46 kgs of pure methamphetamine.
[4] A controlled delivery was made. On 18 February 2017 you and a co-offender, Mr Wong, uplifted the consignment and put it into storage in a storage unit at New Lynn. You had rented the storage unit the previous day.
[5]…
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- R v Mingsisouphanh [2018] NZHC 532
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- [2018] NZHC 532
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CaseChat Overview and Summary
The primary legal issues involved determining an appropriate sentence for the defendant's involvement in a sophisticated drug manufacturing and supply conspiracy. The Court had to consider the purposes and principles of the Sentencing Act 2002, including deterrence, denunciation, and the defendant's personal circumstances. The Court also had to decide on an appropriate minimum non-parole period for the sentence.
The Court, in its reasoning, first evaluated the defendant's active and central role in the drug conspiracy, noting the level of sophistication and planning involved. The Court determined a starting point for the methamphetamine charge in the region of 12½ years, 10 to 11 years for the cocaine charge, and five to six years for the ephedrine charge. Considering the totality of the offending, the Court set a starting point of 18 years' imprisonment. The Court then reduced this starting point by six months to account for personal factors such as the defendant's age, lack of criminal history, and remorse, resulting in an end sentence of 14 years. However, the Court considered a 20% discount to this sentence, leading to an effective sentence of 14 years' imprisonment. The Court imposed a minimum non-parole period of 50%, amounting to seven years, to ensure sufficient deterrence and denunciation.
In conclusion, Thammanoun Mingsisouphanh was sentenced to 14 years' imprisonment on the charge of conspiracy to manufacture methamphetamine, six years for possession of cocaine for supply, four years for possession of ephedrine for supply, and two years for each charge of possession of material and equipment. All sentences were to run concurrently, resulting in an effective sentence of 14 years' imprisonment, with a minimum non-parole period of seven years. The defendant was discharged in relation to the remaining outstanding charges.
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