IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CRI-2019-085-001094
[2021] NZHC 594
THE QUEEN v
ROBERT JASON TAUI
Hearing: 19 March 2021 Counsel:
G J Burston & T G Bain for the Crown T Harré for Mr Taui
Judgment:
22 March 2021
JUDGMENT OF GWYN J
(Disputed Facts Hearing)
Introduction
[1] Mr Taui has pleaded guilty to seven charges in total: four charges of possession of methamphetamine for supply;1 one charge of possession of cannabis for supply;2 unlawful possession of a pistol;3 and unlawful possession of ammunition.4
[2] When entering his pleas, Mr Taui indicated that he disputes the summary of facts in relation to the four methamphetamine charges, and a disputed facts hearing was therefore scheduled.
1 Misuse of Drugs Act 1975, s 6(1)(f) and (2)(a); maximum penalty life imprisonment.
2 Section 6(1)(f) and (2)(c); maximum penalty eight years’ imprisonment.
3 Arms Act 1983, s 50(1)(a); maximum penalty three years’ imprisonment or $4,000 fine.
4 Section 45(1); maximum penalty four years’ imprisonment or $5,000 fine.
R v TAUI [2021] NZHC 594 [22 March 2021]
Background
[3] All seven charges result from two police investigations into an operation that supplied methamphetamine in the Auckland and Wellington regions – Operation Superdry in relation to Wellington-based offending, and Operation Maddale in relation to the Auckland-based offending. Mr Taui’s co-offender, Mr McMillan, was the main individual targeted in the Wellington-based offending. Mr Taui was an associate of Mr McMillan, purchasing methamphetamine from him.
[4] All four methamphetamine charges arise from offending that occurred between March and May 2019, when Mr Taui and Mr McMillan exchanged methamphetamine for cash, primarily in a carpark in Wellington. These four charges are detailed as follows:
(a)charge 10, CRN 1632, on 8 April 2019;
(b)charge 11, CRN 1633, on 12 April 2019;
(c)charge 12, CRN 1634, on 14 April 2019; and
(d)charge 13 (representative) CRN 1630, between 1 March-2 May 2019.
[5] Mr Taui accepts that, in respect of all charges, he possessed methamphetamine, which he intended to supply.
[6] Mr McMillan pleaded guilty to some of the charges he faced for his role in the drug business, and was found guilty on the remaining charges following a five week jury trial. The parties agreed that the disputed facts hearing could proceed on the basis of the evidence adduced at Mr McMillan’s trial (the trial).
Law
[7]Section 24 of the Sentencing Act 2002 provides:
24 Proof of facts
(1)In determining a sentence or other disposition of the case, a court—
(a)may accept as proved any fact that was disclosed by evidence at the trial and any facts agreed on by the prosecutor and the offender; and
(b)must accept as proved all facts, express or implied, that are essential to a plea of guilty or a finding of guilt.
(2)If a fact that is relevant to the determination of a sentence or other disposition of the case is asserted by one party and disputed by the other,—
(a)the court…
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- R v Taui [2021] NZHC 594
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- [2021] NZHC 594
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