IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-Ā-TARA ROHE
CRI-2017-091-000902 [2018] NZHC 31
THE QUEEN
v
NATASHA RUBY WAIARIKI
Counsel: R Georgiou for Crown
V C Nisbet for Defendant
Sentence:
31 January 2018
NOTES ON SENTENCE OF COLLINS J
Introduction
[1] Ms Waiariki, you appear for sentence on the following charges:
(1) one representative charge of supplying methamphetamine;1
(2) one representative charge of offering to supply methamphetamine;2
(3)two representative charges of possession of methamphetamine for supply;3 and
1 Misuse of Drugs Act 1975, s 6(1)(c) and (2)(a). Maximum penalty is life imprisonment.
2 Section 6(1)(c) and (2)(a). Maximum penalty is life imprisonment.
3 Section 6(1)(f) and (2)(a). Maximum penalty is life imprisonment.
R v WAIARIKI [2018] NZHC 31 [31 January 2018]
(4) one charge of conspiracy to supply methamphetamine.4
[2] This morning I will:
(1) set out your offending;
(2) outline the appropriate starting point for that offending;
(3) explain any adjustments that will be made to the starting point; and
(4) state your sentence.
Offending
[3] The charges result from a police operation code-named “Operation Walnut” which commenced in November 2016. That investigation targeted the commercial supply of methamphetamine in the Wellington region.
[4] Police intercepted communications and carried out a visual surveillance of two principal targets, Mr Blance and Mr Berkland. It is alleged by the Crown that they were purchasing kilogram quantities of methamphetamine from Auckland-based suppliers. Mr Blance and Mr Berkland would then on-supply the methamphetamine to a number of associates in their distribution networks. Most of the offending took place at an address at 40 Coates Street, Tawa. Associates would then on-supply the methamphetamine to others.
[5] You are one of the associates. Between 2 March and 11 April 2017, visual surveillance evidence shows you visited 40 Coates Street on at least 14 occasions.
[6] The police investigation also involved undercover police officers.
[7] The summary of facts provides details of specific instances of your offending as detected by undercover police officers, namely:
4 Misuse of Drugs Act 1975, s 6(2A)(a). Maximum penalty is 14 years’ imprisonment.
(1) five instances of supplying methamphetamine on 9 December 2016,
19 December 2016, 31 January 2017, 1 February 2017 and 2 March
2017;
(2) four instances of offering to supply methamphetamine on 2 December
2016, 27 February 2017, 9 March 2017 and 15 March 2017; and
(3) three occasions of possession of methamphetamine for supply on
14 December 2016, 19 December 2016 and 2 March 2017.
[8] In relation to the quantities, you supplied to undercover officers 4.25 grams of methamphetamine and offered to supply one gram of methamphetamine. You were then observed by undercover police officers possessing five grams of methamphetamine for the purposes of supply.
[9] An analysis of your phone messages is attached as an appendix to the summary of facts. The summary outlines 49 incidents of supplying methamphetamine and
67 incidents of offering to supply methamphetamine. The analysis shows you supplied at least 11.55 grams…
Continue reading R v Waiariki
Sign in free to access the full text
- AGLC
- R v Waiariki [2018] NZHC 31
- Case
- [2018] NZHC 31
- Decision Date
CaseChat Overview and Summary
The court was required to assess the gravity of the defendant's involvement in the methamphetamine supply chain, considering the quantity of drugs involved, the frequency of transactions, and the degree of planning. The court also needed to evaluate personal mitigating factors, such as the defendant's young age, background, drug addiction, and expressions of remorse. The court had to decide on an appropriate starting point for the sentence, make adjustments based on both aggravating and mitigating factors, and finally determine the sentence, ensuring it was proportionate to the offending and consistent with sentencing precedents.
Collins J set out the defendant's offending, which included multiple instances of supplying and offering to supply methamphetamine, indicating a significant degree of premeditation and planning. The court considered the commercial nature of the offending, the amount of drugs involved, and the defendant's role within the drug distribution network. The court adopted a starting point of four years' imprisonment, reflecting the social harm caused by methamphetamine, but made adjustments for the defendant's personal circumstances and early guilty plea. The final sentence was two years and five months' imprisonment, to be served concurrently.
The court quashed the post-sentence conditions relating to a previous burglary charge. The defendant's sentences for each charge were to be served concurrently, resulting in an effective sentence of two years and five months' imprisonment.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.