R v To'a - [2019] NZHC 3232

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2018-092-4045

[2019] NZHC 3232

THE QUEEN

v

RICHIE TO’A

Hearing: 5 December 2019

Counsel:

F M T Culliney for Crown

P E Dacre QC for Defendant

Sentenced:

5 December 2019

SENTENCE OF PAUL DAVISON J

Solicitors:
Crown Solicitor, Auckland

R v TO’A [2019] NZHC 3232 [5 December 2019]

Introduction

[1] Mr To’a, you appear for sentencing today on four charges relating to methamphetamine offending, one charge relating to cannabis offending and two charges relating to unlawful possession of a firearm and ammunition. Those charges are:

(a)One representative charge of supplying methamphetamine.1

(b)One charge of offering to supply methamphetamine.2

(c)One charge of possessing methamphetamine for supply.3

(d)One charge of conspiring to supply methamphetamine.4

(e)One charge of possession of cannabis.5

(f)One charge of unlawful possession of ammunition.6

(g)One charge of unlawful possession of a firearm.7

[2] On the morning of your trial you entered pleas of guilty to the charges under the Arms Act 1983 and to the single charge relating to possession of cannabis. On the second day of your trial, after the jury had been empanelled and the Crown had given its opening address, you entered guilty pleas to the methamphetamine related charges.

[3] You were originally to be sentenced on 29 October 2019. However, your sentencing was adjourned so that counsel and the Court could take account of the guidance provided by the Court of Appeal regarding the sentencing of offenders for

1      Misuse of Drugs Act 1975, s 6(1)(c) & (2) (maximum penalty of life imprisonment).
2      Misuse of Drugs Act 1975, s 6(1)(c) & (2) (maximum penalty of life imprisonment).
3      Misuse of Drugs Act 1975, s 6(1)(f) (maximum penalty of life imprisonment).
4      Misuse of Drugs Act 1975, s 6(2A)(a) (maximum penalty of 14 years’ imprisonment).
5      Misuse of Drugs Act 1975, s 7(1)(a) (maximum penalty of three months’ imprisonment).
6      Arms Act 1983, s 45(1) (maximum penalty of four years’ imprisonment).
7      Arms Act 1983, s 45(1) (maximum penalty of four years’ imprisonment).

methamphetamine related offending, in the case of Zhang v R.8 That decision has recast the previous sentencing guidelines contained in R v Fatu.9

Background to the offending

[4] In January 2018, the Police began an investigation into a methamphetamine supply chain. Telecommunications data was intercepted by Police, and the offences that you and your co-offenders were charged with were essentially based on that intercepted data.

[5] Mr To’a, your role in this offending was that of supplying the methamphetamine to your associates. Mr Pomale acted as a go-between or “middle man”, and Mr Puhara was involved in the sale and supply of methamphetamine at street level.

[6] On 1 September 2017, you conspired with Mr Pomale and Mr Puhara to supply unknown persons with 504 grams of methamphetamine. At 6.04 pm that day, the unknown person contacted Mr Puhara, asking to purchase 18 ounces or 504 grams of methamphetamine. Mr Puhara then…

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 To'a

Details

AGLC: R v To'a [2019] NZHC 3232
Case: [2019] NZHC 3232
Decision Date: 5 December 2019

CaseChat Overview and Summary

Richie To'a was convicted of various drug and firearms offences and sentenced to a total of 12 years' imprisonment. The court found To'a guilty of four methamphetamine related charges, two firearms charges and one cannabis charge. To'a was the primary supplier of methamphetamine to an associate who in turn supplied street level dealers. The court found that To'a played a leading role in a commercial supply chain, with a significant expectation of financial gain. The court also found that To'a had a loaded firearm in his vehicle along with a significant quantity of ammunition, which the court regarded as a serious aggravating feature. The court imposed a starting point of 14.5 years' imprisonment, before applying a 12 month uplift for the firearms and a 28 month discount for personal mitigating factors. Finally, a 10% discount was applied for To'a's late guilty pleas, resulting in a final sentence of 12 years' imprisonment to be served concurrently.

Orders