R v Navarro

Case [2021] NZHC 593


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2019-004-6965

[2021] NZHC 593

THE QUEEN

v

MICHAEL EUGENIO NAVARRO

Hearing: 19 March 2021

Appearances:

J T Parry & A J A Gee for Crown M W Ryan for Defendant

Sentence:

19 March 2021


SENTENCE OF PAUL DAVISON J


Solicitors:

Crown Solicitor, Auckland

R v NAVARRO [2021] NZHC 593 [19 March 2021]

[1]    Michael Eugenio Navarro at age 27 years and having earlier pleaded guilty to one charge of possession of the Class A controlled drug methamphetamine, for supply, you appear before the Court this morning for sentencing.1 Your offending relates to the 109.6 kilograms of methamphetamine which was found by Police and Customs to be in your possession.

Your offending

[2]    You have visited New Zealand three times. You came here in October 2018 and in April and May 2019. In each case you declared that you were here for a short holiday.2 On 29 May 2019, two days before departing New Zealand at the end of your second visit here, you arranged for the windows of a residential unit situated at Chonny Crescent in Manurewa to be tinted. You then departed to return to Australia on 31 May 2019.

[3]    On your third visit you arrived in Auckland on a flight from Sydney on 30 June 2019, this being a fortnight after your co-offender, Mr Tran, had also arrived here from Australia. On this occasion when questioned by Customs you told them that you would be in New Zealand for a couple of weeks to visit a sick relative. You were unable to provide that relative’s address or their contact details.

[4]    On 22 July 2019 you and Mr Tran travelled together to the Chonny Crescent address in a medium sized truck that Mr Tran had rented some two days previously. Later that same day, Mr Tran drove the rental truck to storage unit premises in Merton Road, St Johns where he went to and accessed a storage unit.  The following day   Mr Tran picked you up from your accommodation, and later that same day you and he went to a Warehouse store and purchased some high-visibility vests.

[5]    The following day 24 July, you and Mr Tran went together to the Bunnings Warehouse store in New Lynn where you purchased items of protective wear and a


1      Misuse of Drugs Act 1975, ss 6(1)(f) and 6(2)(a). Maximum period of imprisonment: life.

2      Trip 1: arriving on 22 October 2018, declaring you would stay for 18 days — for a holiday, then departing New Zealand for Australia on 7 December 2018. Trip 2: arriving on 4 April 2019, declaring you would stay for one month — for a holiday, then departing New Zealand for Australia on 31 May 2019.

circular saw. You then drove to the Chonny Crescent address where you went inside for about an hour, before departing and travelling to a residential address in Avondale where you and…

Continue reading R v Navarro

Sign in free to access the full text

Details
AGLC
R v Navarro [2021] NZHC 593
Case
[2021] NZHC 593
Decision Date

CaseChat Overview and Summary

The case of R v Navarro was heard in the High Court of New Zealand, Auckland Registry. Michael Eugenio Navarro pleaded guilty to one charge of possession of the Class A controlled drug methamphetamine for supply. The court had to decide on the appropriate sentence for Navarro, taking into account various legal issues such as the quantity of drugs involved, the role Navarro played in the drug operation, and the principles of sentencing. The Crown and the Defence both agreed that the starting point for Navarro's sentence should be 21 years imprisonment, considering the quantity of methamphetamine involved and Navarro's role in the drug operation.

The court considered various mitigating and aggravating factors before deciding on the final sentence. The mitigating factors included Navarro's genuine remorse, his lack of a criminal record, his youth, and the fact that he is a foreign national serving a term of imprisonment away from his family and support network. The court granted a discount of 40% for these mitigating factors and Navarro's early guilty plea. The final sentence imposed on Navarro was 12 years and 7 months imprisonment for possession of methamphetamine for supply, with a minimum period of imprisonment set at 50% of the sentence. The court also ordered the forfeiture of $76,550 in cash located during the search of the premises at Avondale.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.