R v Pritchard

[2024] NZHC 3435

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-004-7913

[2024] NZHC 3435

THE KING

v

MARTIN JULIAN PRITCHARD RHYS ALEFA TUALEVAO

Hearing:

15 November 2024

Appearances:

R A van Boheemen for Crown

S T L Teppett for Defendants Pritchard and Tualevao

Sentenced:

15 November 2024

SENTENCING NOTES OF WILKINSON-SMITH J

Solicitors/counsel:

Meredith Connel, Auckland. S T L Teppett, Auckland.

R v PRITCHARD AND ANOR [2024] NZHC 3435 [15 November 2024]

Introduction  [1]

The offending[4]

The principles and purpose of sentencing[33]

Approach to methamphetamine sentencing[41]

Mr Pritchard[47]

Starting point[47]

Personal mitigating circumstances[58]

Minimum period of imprisonment[68]

End sentence[71]

Mr Tualevao[74]

Starting point[75]

Weapons and cannabis offending[84]

Personal circumstances[94]

End sentence[104]

Introduction

[1]                 Mr Pritchard and Mr Tualevao, you appear for sentence today for your roles in the commercial importation of methamphetamine into New Zealand.

[2]                 Mr    Pritchard,    you    pleaded    guilty    to    three    charges    of    importing methamphetamine.1

1      Misuse of Drugs Act 1975, s 6(1)(a) and (2)(a). Maximum penalty: life imprisonment.

[3]                 Mr Tualevao, you pleaded guilty to one charge possession of methamphetamine for supply,2 one charge of supplying methamphetamine,3 one charge of supplying cannabis,4 one charge of unlawful possession of a prohibited firearm,5 one charge of unlawful possession of a prohibited magazine,6 and one charge of unlawful possession of explosives.7

The offending

[4]                 When entering your guilty pleas, you each accepted a summary of facts. I have had regard to the specific facts that you each accepted in considering the sentence to be imposed.

[5]                 In June 2021, the New Zealand Police commenced a joint operation with the New Zealand Customs service (Operation Selena). Operation Selena arose after previous joint investigations identified a number of syndicates involved in the importation of drugs, mostly methamphetamine, including two syndicates operating out of Auckland International Airport (the Airport).

[6]                 One of these syndicates was directed by Nigel Iuvale — a patched member of the King Cobra gang and a co-offender in this offending.

[7]                 One of your co-offenders, Matangikolo Piukana, was a friend of Mr Iuvale. Mr  Piukana  would  receive  instructions  relating  to  the  importation.  You  and   Mr Piukana both worked for Air New Zealand. You worked at the international terminal of the Airport and had access to the international tarmac, and you were able to collect drug imports organised by Mr Iuvale.  You  had that role at the Airport,   Mr Pritchard, for nine years and you were a trusted employee.

[8]                 Throughout 2021, Mr Piukana received instructions from Mr Iuvale relating to the importation of methamphetamine on board Malaysian Airlines flight MH145 and

2      Section 6(1)(f) and (2)(a). Maximum penalty: life imprisonment.

3      Section 6(1)(c) and 2(a). Maximum penalty: life imprisonment.

4      Section 6(1)(e) and (2)(c). Maximum penalty: eight years’ imprisonment.

5      Arms Act 1983, s 50A. Maximum penalty: five years’ imprisonment.

6      Section 50B. Maximum penalty: two years’ imprisonment.

7      Section 45(1). Maximum penalty: four years’ imprisonment or $5,000 fine.

Air New Zealand flight NZ5. Mr Piukana worked at the domestic terminal…