R v Moka

[2016] NZHC 40

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2014-085-12904 [2016] NZHC 40

THE QUEEN

v

MARIA HIKI ANGELA MOKA

Hearing:	1 February 2016
Counsel:	S Woods for Crown M Zintl for Defendant
Sentence:	1 February 2016

SENTENCE OF SIMON FRANCE J

[1]      Mrs Moka is to be sentenced following an indication given in November last year.

[2]      There are two charges involving methamphetamine – one of importing, the other of conspiring to import.  Mrs Moka was not the organiser – her son was.  But he was in prison and so she agreed to assist him – no doubt there was some pressure involved.  However, Mrs Moka knew what she was involved in, and played an active role in receiving the importation, and passing it on, including managing the cash.

[3]      Mrs Moka is 59 years old.  She committed offences when younger but there has been nothing for 20 years.   She is married and has a son who lives with her.

There are also other adult children.

R v MOKA [2016] NZHC 40 [1 February 2016]

[4]      This sentencing today is one of frustration for all involved – it is a tragedy that at this stage of her life and still with the care of a child Mrs Moka allowed herself to be dragged into this sort of activity.   But it is serious offending and offending which visits its own brand of tragedy on the many who become dependent on the drug.

[5]      The sentence indication took a starting point of five years for importation of

100 grams and added six months for the conspiracy to import a second amount.  I deducted one year for the lesser involvement and the circumstances of her involvement and gave a 25 per cent credit for the plea.  Given the need to emphasise deterrence, no other changes are appropriate.

[6]      Please stand.

[7]      On the charges of importing methamphetamine and  conspiring to import methamphetamine, you are sentenced to terms of imprisonment of three years four

months.  Both sentences will be served at the same time.

Simon France J

Solicitors:

Luke Cunningham & Clere, Crown Solicitors, Wellington
M Zintl, Barrister, Wellington