R v Valent

[2023] NZHC 1432

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-004-1035

[2023] NZHC 1432

THE KING

v

XAVIER VALENT

Defendant

Hearing:

9 June 2023

Appearances:

FMT Culliney and BN Kirkpatrick for the Crown Mr Valent, Defendant in person

NS Leader and S Thode, stand-by counsel for Mr Valent

Sentencing:

9 June 2023

SENTENCING NOTES OF FITZGERALD J

Solicitors:        Meredith Connell, Auckland

To:N Leader, Auckland S Thode, Auckland X Valent, Auckland

R v VALENT [2023] NZHC 1432 [9 June 2023]

Introduction

[1]    Mr Valent, as you are aware you appear for sentencing today having been unanimously found guilty by a jury of a raft of serious drug offending charges. In all, you were found guilty of 86 charges, spanning the full gambit of importing,1 manufacturing,2 possession for supply,3 and supply of significant quantities of methamphetamine in particular, but also cocaine, MDMA and ephedrine.4

[2]    Given the number of charges for which you were convicted, I do not propose to list them individually in these sentencing notes, and they will be included as a schedule to the written version of what I am saying to you today. However, the amount of drugs involved was very significant indeed. Putting aside the representative charges, counsel have helpfully calculated the quantum of drugs involved as being:

(a)85 to 93 kilograms of methamphetamine;

(b)3 kilograms of cocaine;

(c)at least 43.5 kilograms of MDMA, plus tablets; and

(d)at least 85 kilograms of ephedrine.

[3]    It is clear, however, that these quantities represent only a portion of the drugs handled by the syndicate that you ran. I have no doubt whatsoever, from having listened to and seen all of the evidence at trial, that the actual quantum involved extended significantly beyond this, and into the hundreds of kilograms of controlled drugs, predominantly methamphetamine. I return to this topic later in my sentencing notes.

1      Misuse of Drugs Act 1975, ss 6(1)(a), (2)(a) and (b). Class A maximum penalty life imprisonment; Class B maximum penalty 14 years’ imprisonment.

2      Sections 6(1)(b) and (2). Class A maximum penalty life imprisonment; Class B maximum penalty 14 years’ imprisonment.

3      Sections 6(1)(f), (2)(a) and (b). Class A maximum penalty life imprisonment; Class B maximum penalty 14 years’ imprisonment.

4      Sections 6(1)(c), (2)(a) and (b). Class A maximum penalty life imprisonment; Class B maximum penalty 14 years’ imprisonment.

[4]    You were also convicted of charges of possession of precursor materials to be used in the manufacture of methamphetamine,5 namely approximately 10.5 kilograms of iodine and 2 litres of hypophosphorous acid.

[5]    Despite the jury’s unanimous verdicts, you continue to deny your offending, suggesting that you left New Zealand in 2016 to return to the United Kingdom where your family is from, and to pursue business interests, specifically around crypto- currency trading. You admit that you had a connection with the drug syndicate, but only to the extent of “serving it” with crypto-currency. You also suggest that co- offenders who gave evidence for the Crown at…