R v T HC Auckland CRI 2005-004-844

[2005] NZHC 57

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2005-004-000844

THE QUEEN

v

T

Charge:          Importing a class A drug, methamphetamine

Plea:               Guilty

Appearances: Ms C Ryan for Crown

Mr J Wiles for Prisoner

Judgment:      20 September 2005

Six years’ imprisonment

SENTENCING NOTES OF VENNING J

R V T  HC AK CRI 2005-004-000844  20 September 2005

Solicitors:           Crown Solicitor, Auckland

J Wiles

[1]        T  , you are for sentence having pleaded guilty to a charge of importing a class A drug, methamphetamine.  The charge carries a maximum penalty of life imprisonment.

[2]      The background facts are that on Sunday 16 January this year you arrived at Auckland International Airport from Kuala Lumpur, Malaysia.  You were searched by New Zealand customs officers.  They found methamphetamine in the suitcase you were carrying.  The methamphetamine has now been weighed at 790 grams.  At a street value of $1,000 a gram the total value of the methamphetamine is estimated at

$790,000.00.

[3]      In  explanation  you  stated  you  had  been  supplied  the  suitcase  in  Kuala Lumpur during a bag swap and that you were to be paid 25,000 ringit, the equivalent of approximately $NZ12,000.00 for bringing the bag to New Zealand.  You were to meet someone at a hotel in Auckland. I am told that the money was equivalent to about three years wages for you.  Your counsel has clarified that the bag swap was prearranged and you knew that you would be bringing the back to New Zealand.  He says that you did not know exactly what was in the bag but suspected it would be drugs but did not know the exact drug.

[4]      Mr T   you are 39 years old.  You have been married for 12 years and have a five year old daughter.  You have lived in Kuala Lumpur for the last five years. You have no residency in New Zealand.  Once you have served the sentence that the Court will impose on you will be deported to Malaysia.

[5]      In sentencing you the prime considerations for this Court are:

•   to hold you accountable;

•    to denounce your conduct and importantly to deter others from similar offending and to protect the community from drug dealing.

[6]      Apart from the oral submissions counsel have made today they have prepared written submissions for the Court and in them referred to a number of other cases involving sentencing of people who have committed similar offending to yours.   I have regard to those authorities.  Apart from decisions of this Court I have regard to the Court of Appeal decision of R v Arthur (CA 382/04, 17 March 2005) and the decision of R v Wickramasinghe (1992) 8 CRNZ 478.

[7]      I accept in sentencing you that your offending is properly categorised as that of a courier.  I accept you were not involved in any part of the planning of this drug importation other than acting as a cog in the wheel.  I take as an appropriate starting point for your offending a sentence of 11 years.

[8]      I   then   turn   to   consider   your   personal   aggravating   and   mitigating circumstances.  There are no personal aggravating factors.  You obviously have no previous convictions in New Zealand.  Your record in Malaysia is unknown to this Court.

[9]      In terms of mitigation I take into account your very early guilty plea entered at depositions.  You will be given a substantial reduction in sentence for the early guilty plea and an early acknowledgement of your guilt.  I also take into account the other factors in your favour that have been referred to.   I also recognise that imprisonment for you in New Zealand will be particularly difficult Mr T   given your limited English and the fact you are far away from home and support.

[10]     Having  regard  to  those  mitigating  factors  a  discount  of  five  years  is appropriate in your case.

[11]     I do not consider a minimum non-parole period is required in this case as the Crown have suggested.  The protection of the community is not really in issue.  You will be deported at the conclusion of your sentence.   I am not convinced that the circumstances of your case mean that the need to hold you accountable, to denounce your conduct or to deter others makes a minimum non parole period necessary.

[12]     Would you please stand.  Mr T   I sentence you to a term of imprisonment

of six years. That’s all, please stand down.

G J Venning J