R v Tie - [2012] NZHC 2517

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2011-004-012004 [2012] NZHC 2517

THE QUEEN

v

JOSEPH TIE ROBERT LOGO (AKA FATU) ROSS LESLIE ROMANA OFISA ANDREW KOPELANI

Appearances: S L McColgan for Crown
J I S Kovacevich for Prisoner (Tie) M B Mortimer for Prisoner (Logo)
N S Leader and H Steele for Prisoner (Romana) L B Cordwell for Prisoner (Kopelani)

Judgment: 27 September 2012

SENTENCING NOTES OF COURTNEY J

Solicitors: Meredith Connell, P O Box 2213, Auckland 1140
Fax: (09) 336-7629 – S McColgan

Counsel: J I S Kovacevich, P O Box 5316 Wellesley Street, Auckland 1141
Fax: (09) 309-3365 – Email: johnniek@slingshot.co.nz
M B Mortimer, P O Box 210 Shortland Street, Auckland 1140
Fax: (09) 300-7308 – mariamort@xtra.co.nz
N Leader / H Steele, P O Box 90243, Victoria Street E, Auckland 1142
Fax: (09) 302-1962
L B Cordwell, P O Box 210 Shortland Street, Auckland 1140
Fax: (09) 300-7308 – Email: cordwell@justice.co.nz

R V TIE & ORS HC AK CRI-2011-004-012004 [27 September 2012]

[1] Ross Leslie Romana, Robert Logo, Joseph Tie and Ofisa Kopelani, you all appear for sentence today on charges arising from the kidnapping, blackmail and beating of two men on 18 December 2010. The offending was essentially a debt collection exercise that went beyond the bounds of what was lawful. You are all, or at least were at the time, members of the King Cobra gang. One of the complainants, Mr Han, was acquainted with members of that gang and had agreed to pay a sum of money, $10,000 or $20,000, for the gang to locate a person by the name of Johnson who owed him money. There is dispute over whether the agreement was contingent on Mr Johnson being able to pay Mr Han but that is something I do not need to resolve.

[2] Mr Tie, you met with Mr Han, showed him a photograph of Mr Johnson and asked for the $10,000. He could not pay you so that came to nothing. Mr Han said in evidence that later he met with Mr Romana and Mr Logo and that he agreed to pay them a figure of between $10,000 or $20,000. I note that Mr Romana in particular disputes that happening but it makes no difference in terms of sentencing. Mr Johnson was ultimately located but unfortunately had no money and could not pay Mr Han so Mr Han did not pay his debt to the King Cobras.

[3] As Christmas 2010 approached some of you began to consider how you might extract the money from Mr Han. There is evidence in the days preceding the kidnapping of communications between you, Mr Tie, and you, Mr Kopelani, consistent with the development of such a plan. I accept that it was not necessarily a plan to do something unlawful, that it was a plan to find Mr Han and persuade him to pay at that stage, but I also accept Mr McColgan’s submission on behalf of the Crown today that almost certainly…

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 Tie

Details

AGLC: R v Tie [2012] NZHC 2517
Case: [2012] NZHC 2517
Decision Date: 27 September 2012

CaseChat Overview and Summary

The defendants, Joseph Tie, Robert Logo, Ross Leslie Romana, and Ofisa Andrew Kopelani, appeared before the High Court of New Zealand, Auckland Registry, for sentencing following their convictions for kidnapping, blackmail, and assault. The offenses arose from an incident on December 18, 2010, where the defendants, members of the King Cobra gang, abducted two men, Mr Han and Mr Wu, demanding payment for a debt collection exercise that escalated into violence. The court had to determine appropriate sentences that reflected the severity of the offenses and the individual culpability of each defendant.

The primary legal issues involved determining the appropriate starting points for each defendant's sentence, considering the nature and extent of their involvement in the offenses. The court had to balance the objectives of denunciation and deterrence with considerations of consistency in sentencing and parity among co-offenders. The court also needed to account for each defendant's prior criminal history, their role in the offenses, and any mitigating factors.

The court assessed each defendant's role and culpability, leading to different starting points and adjustments for prior convictions and mitigating factors. For instance, Ross Romana, who played a prominent role in the offenses, received a starting point of five-and-a-half years for kidnapping and blackmail, increased by 15 months for the totality of his offending and further by three months for his extensive criminal history. Robert Logo, also deeply involved, received a starting point of five years for kidnapping and blackmail, increased by six months for the totality of his offending and another six months for his prior serious offenses. Joseph Tie, who was involved in planning but not directly in the violence, received a starting point of three-and-a-half years for kidnapping and blackmail, increased by three months for the totality of his offending. Ofisa Kopelani, who facilitated the initial abduction, received a starting point of three-and-a-half years for kidnapping, with additional increases for the totality of his offending and prior convictions, partially offset by a reduction for his guilty plea and remorse.

The final orders were that Ross Romana was sentenced to six-and-a-half years in prison, Robert Logo to six years, Joseph Tie to three years three months, and Ofisa Kopelani to three years nine months, all to be served concurrently, reflecting the court's considerations of the severity of the offenses, individual culpability, and relevant mitigating factors.

Orders