R v Pakau - [2014] NZHC 3020

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2013-090-003842 [2014] NZHC 3020

THE QUEEN

v

PETER PAKAU MELISSA BROWN RICHARD REI SHANE BOAG

PAUL ANTHONY HOLLOWAY

Hearing: 28 November 2014

Appearances:

B Tantrum and B M Finn for Crown R M Mansfield for Prisoner, Pakau M N Pecotic for Prisoner, Brown

L Cordwell for Prisoner, Rei

B Sellars for Prisoner, Boag
H B Leabourn for Prisoner, Holloway

Judgment:

28 November 2014

SENTENCING NOTES OF ANDREWS J

R v PAKAU, BROWN, REI, BOAG & HOLLOWAY [2014] NZHC 3020 [28 November 2014]

Charges

[1] Mr Pakau, Ms Brown, Mr Rei, Mr Boag and Mr Holloway, you may all please remain seated until such time as I ask you to stand later on.

[2] Mr Peter Pakau and Ms Melissa Brown, you appear for sentencing today having each pleaded guilty to one count of supplying the class A drug methamphetamine, one count of conspiracy to supply methamphetamine, one representative count of conspiring to defeat the course of justice, one count of conspiracy to pervert the course of justice, one representative count of accessing a computer system for a dishonest purpose, one count of conspiracy to commit theft, one count of conspiracy to commit burglary and one count of bribery of an enforcement officer. Mr Pakau, individually, you have also pleaded guilty to one count of manufacturing methamphetamine, two counts of supplying methamphetamine, two counts of corrupt use of official information and one count of receiving stolen property. Ms Brown, individually, you have also pleaded guilty to one charge of conspiracy to manufacture methamphetamine, and two counts of theft.

[3] Mr Richard Rei, you appear for sentence having pleaded guilty to one count of supplying methamphetamine, two counts of manufacturing methamphetamine and one count of attempting to manufacture methamphetamine.

[4] Mr Shane Boag, you appear for sentencing today having pleaded guilty to three counts of possessing methamphetamine for supply and one count of manufacturing methamphetamine.

[5] Mr Paul Holloway, you pleaded guilty to one count of supplying methamphetamine and one count of unlawfully using a computer system for a dishonest purpose. You were found guilty at trial of a further count of supplying methamphetamine, two counts of manufacturing methamphetamine, one count of attempting to manufacture methamphetamine and one count of conspiracy to supply the class B drug pseudoephedrine.

[6] I will outline the facts relevant to all of your offending, as it is all interrelated. Once I have done that, I will outline the sentencing process and discuss relevant sentencing purposes and principles. I will then conduct the sentencing exercise for each of you, separately.

Facts

[7] Mr Pakau, you were sworn in as a Police Constable in February 2008. Around 2012, you became associated with your co-offenders through your duties as a police officer in the Waitakere area.

[8] In July 2012, you were conducting a bail check including a drug search as a member of the Henderson Car Crime Unit. You identified items of interest at…

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 Pakau

Details

AGLC: R v Pakau [2014] NZHC 3020
Case: [2014] NZHC 3020
Decision Date: 28 November 2014

CaseChat Overview and Summary

In the High Court of New Zealand, Peter Pakau, Melissa Brown, Richard Rei, Shane Boag, and Paul Holloway were sentenced following their convictions for various drug-related and corruption offences. The court had to decide the appropriate sentences for each defendant, considering both the methamphetamine and corruption charges. The court evaluated the nature and extent of each defendant's involvement, the harm caused, and personal mitigating factors. The sentences ranged from five to eight years' imprisonment, with some defendants receiving concurrent sentences for specific charges. The court emphasised deterrence, denunciation, and holding the defendants accountable for their actions, particularly given Pakau's position as a police officer. The final sentences reflected the cumulative and aggravating nature of the offences, adjusted for mitigating factors such as guilty pleas and personal circumstances.

Orders