IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2016-044-4279
[2018] NZHC 2080
THE QUEEN v
CHEVONNE WELLINGTON RIKI WELLINGTON
Hearing: 27 June to 11 July 2018 Appearances:
B D Tantrum and N R Webby for Crown
A J Maxwell-Scott and S R Lack for C Wellington M W Ryan and M Taylor-Cyphers for R Wellington
Judgment:
15 August 2018
JUDGMENT NO 4 OF PALMER J
(Co-conspirators, co-defendants and particulars)
This judgment is delivered by me on 15 August 2018 at 11.00 am pursuant to r 11.5 of the High Court Rules.
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Registrar / Deputy Registrar
Counsel/Solicitors:
Meredith Connell, Auckland
A J Maxwell-Scott and S R Lack, Barristers, AucklandM W Ryan and M Taylor-Cyphers, Barristers, Auckland & Dunedin
R v WELLINGTON No 4 [2018] NZHC 2080 [15 August 2018]
Summary
[1] Mr Riki Wellington and Ms Chevonne Wellington were charged with, and convicted of, possession of methamphetamine for supply, and supply of methamphetamine. This judgment outlines the reasons for three rulings I made during the trial:
(a)Ms Wellington objected to the admissibility of four intercepted communications as hearsay statements. I ruled three of them were not hearsay as they were not relied upon for the proof of their contents and the other was admissible under the co-conspirators’ exception to the inadmissibility of hearsay statements in s 22A of the Evidence Act 2006 (the Act).
(b)Mr Wellington objected to the admissibility of 66 pages of intercepted communications as statements by co-defendants under s 27 of the Act. I ruled them admissible. My reasons are:
(i)the communications were admitted by consent under s 9 and their admission was not unfairly prejudicial and did not render the trial unfair;
(ii)in any case, although communications were by “co- defendants”, who not compellable to give evidence, they were not “statements” for the purposes of s 27; or
(iii)if they were statements for the purposes of s 27, and even if they were not hearsay statements, the communications may have been admissible under the co-conspirators’ rule, s 22A, since there is reasonable independent evidence Mr Wellington was a member of a joint enterprise to commit an unlawful act and the statements were made in furtherance of the joint enterprise.
(c)In response to a jury question, during their deliberation, I directed to the jury as to proof of a particular circumstance. I directed, to find Ms
Wellington guilty of supplying methamphetamine on one charge, they would have to find she supplied the drugs to Mr Riki Wellington in particular, since that had been the Crown’s case.
The context of the trial
The charges
[2] Ms Wellington of Auckland, and Mr Wellington of Christchurch, are brother and sister. At the start of trial, they faced 13 charges between them of either supplying methamphetamine or possessing methamphetamine for supply on five dates in October 2016. The evidence was largely circumstantial, including intercepted phone calls and text messages, surveillance evidence, an agreed statement of facts and convictions of other…
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