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…
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