R v Taui - [2021] NZHC 594

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…

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 Taui

Details

AGLC: R v Taui [2021] NZHC 594
Case: [2021] NZHC 594
Decision Date: 22 March 2021

CaseChat Overview and Summary

Robert Jason Taui has pleaded guilty to multiple drug-related charges, including possession of methamphetamine for supply. Taui disputes the facts in relation to the methamphetamine charges, leading to a disputed facts hearing. The court had to determine the weight and purity of the methamphetamine that Taui possessed. The Crown argued that Taui possessed at least 1.5 kilograms of methamphetamine, with a purity of at least 70%. Taui contended that the Crown could not prove the weight and purity of the methamphetamine beyond a reasonable doubt. The court found that the Crown had proved the disputed facts beyond reasonable doubt, accepting that Taui possessed a total of 1.524 kilograms of methamphetamine, with a purity of approximately 70%. The court relied on expert evidence and the typical practices of methamphetamine dealing to reach this conclusion. The case was adjourned for sentencing, with the Crown entitled to rely on the findings of this judgment.

Orders