R v Tapaevalu

[2019] NZHC 1867

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2018-092-005114

[2019] NZHC 1867

THE QUEEN

v

FILILAU TAPAEVALU MESUI TUFUI

Hearing:

2 August 2019

Appearances:

G Kayes and C Robertson for Crown S Wimsett for Mr Tapaevalu

P Borich QC and T D Clee for Mr Tufui

Judgment:

2 August 2019

SENTENCING REMARKS OF LANG J

R v TAPAEVALU & TUFUI [2019] NZHC 1867 [2 August 2019]

[1]                  Mr Tufui and Mr Tapaevalu, you were found guilty by a jury on charges of murder and attempted murder. As you are well aware, those charges carry maximum sentences of life imprisonment and 14 years imprisonment respectively.

[2]                  Prior to your trial, Mr Tufui, you also pleaded guilty to a charge of being in possession of 1.7 grams of methamphetamine. The maximum sentence for that charge is one of six months imprisonment.

[3]                  Mr Tapaevalu, you pleaded guilty to two charges of being in possession of methamphetamine for supply. These related to two quantities of methamphetamine found at your address when the police searched it. One of these comprised 16.5 grams of methamphetamine and the other comprised 1.1 grams. In addition, you pleaded guilty to two charges of being in unlawful possession of firearms. These were found at an address in Te Atatu to which I will refer later in my remarks. They were the weapons used in the offending to which I am about to turn.

The facts

[4]                  The charges relate to an incident that occurred in the late evening of 30 April 2017 and running into the early hours of the following morning. The incident had its genesis, however, in the events of the previous few days. You were charged originally with a man called Mr Taani, and I need to factor in his involvement in the offending of which you have been found guilty because he played a very important part.

[5]                  Mr Taani was a patched member of the Comancheros gang and the evidence makes it clear that he was involved in the supply of methamphetamine in a reasonably substantial way. Mr Tapaevalu, you were also involved in the supply of drugs and also in a reasonably commercial way. You dealt with Mr Taani in that capacity. Mr Tufui, you were regarded as a “runner” for Mr Tapaevalu, which I take to be a person lower down in the drug dealing order.

[6]                  The male victim in this case, Mr Tu’uheava, had lived in Australia for some years. He returned to New Zealand and became involved in dealing methamphetamine. It is clear from the evidence that he sought to make contact with the Comancheros organisation because he viewed it as a source of methamphetamine

that he could sell on to others. At that stage he was obtaining methamphetamine from other sources in Auckland and selling it, it would seem, in the South Island.

[7]                  Your group’s involvement with Mr Tu’uheava began 27 April 2017 when Mr Taani made…