R v Wilson - [2022] NZHC 1901

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CRI-2020-070-2302

[2022] NZHC 1901

THE QUEEN

v

JOANNE LISA MARIE WILSON

Hearing: 5 August 2022

Appearances:

R W Jenson for Crown

R M Mansfield QC for Defendant

Judgment:

5 August 2022

SENTENCING REMARKS OF LANG J

Solicitors:
Crown Solicitor, Tauranga

R v WILSON [2022] NZHC 1901 [5 August 2022]

[1] Ms Wilson, you appear for sentence having pleaded guilty to a representative charge of money laundering1 and to charges of being in possession of methamphetamine2 and a methamphetamine pipe.3

Background

[2] You have pleaded guilty on the basis of an agreed summary of facts. This records that the offending occurred as a result of your involvement with your then partner, Mr Calebh Simpson. He was involved in significant methamphetamine- related activity and this enabled you to acquire both methamphetamine and money derived from Mr Simpson’s activities.

[3] Mr Simpson was arrested in February 2020 as a result of a wide-ranging police operation that was known in its latter stages as Operation Emoji. This resulted in the police seizing more than $200,000 in cash from Mr Simpson during the early months of 2020 and following his arrest. After his arrest the police learned that Mr Simpson still had control of more than $1.5 million in cash. He also owned several motor vehicles that were registered in the names of friends and members of his family. You were one of these persons.

[4] The police executed a search warrant at Mr Simpson’s home address on 13 February 2020, the date of his arrest. Following this his father went to the address and uplifted two suitcases containing more than $1.5 million in cash. Mr Simpson had hidden these in a hydraulically operated compartment under his bed and the police had failed to find them. Mr Simpson’s father then gave the suitcases to you and you passed them on to Mr Simpson’s mother so they could remain undetected.

[5] The police executed a search warrant at your address on 11 June 2020. They found you asleep in bed. When they searched the address the police found 9.7 grams of methamphetamine together with a glass pipe that you had used to consume methamphetamine. They also discovered more than $11,700 in cash.

1      Crimes Act 1961, s 243 – maximum sentence seven years imprisonment.
2      Misuse of Drugs Act 1975, s 7(1)(a) and (2) – maximum sentence six months imprisonment.
3      Section 13(1)(a) and (3) – maximum sentence 12 months imprisonment.

[6] At the time of your arrest you were the owner, and had possession, of a 2006 Range Rover vehicle that had previously been owned by Mr Simpson’s father.

[7] The police investigation revealed that between 21 May 2019 and 9 June 2020 you had deposited the sum of just over $29,000 in cash into your bank account using deposits to automated teller machines. These funds came from the suitcases that had been hidden at Mr Simpson’s…

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 Wilson

Details

AGLC: R v Wilson [2022] NZHC 1901
Case: [2022] NZHC 1901
Decision Date: 5 August 2022

CaseChat Overview and Summary

Joanne Lisa Marie Wilson was sentenced in the High Court of New Zealand, Tauranga Registry, following her guilty plea to charges of money laundering, possession of methamphetamine, and possession of a methamphetamine pipe. The case involved Wilson's involvement with her then-partner, Calebh Simpson, who was engaged in significant methamphetamine-related activities. Wilson's role included handling large sums of cash and assets derived from Simpson's criminal activities. The court had to determine the appropriate starting point and final sentence, considering the nature and extent of Wilson's involvement, her personal circumstances, and the mitigating and aggravating factors.

The legal issues included defining the scope of the money laundering charge, assessing the severity of Wilson's actions, and determining an appropriate starting point and sentence. The court considered whether all transactions involving illegally obtained cash constituted money laundering and the extent to which Wilson's actions were influenced by her relationship with Simpson and her addiction to methamphetamine. The court also had to balance the need for punishment and deterrence with the opportunity for rehabilitation.

Lang J, in delivering the judgment, noted that while some transactions did not constitute money laundering, others clearly did, such as the conversion of cash into bank deposits and the purchase of assets. The court set a starting point of two years and six months imprisonment for the most serious charge of money laundering, adjusted for the remaining charges to a total of two years and ten months imprisonment. Various mitigating factors, including Wilson's young age at first sentencing, her genuine remorse, and her efforts towards rehabilitation, led to a reduction of 16 months from the starting point. The court concluded that a community-based sentence with intensive supervision was appropriate, considering Wilson's current employment, her two-year drug-free status, and her stable living situation. Wilson was sentenced to six months of community detention with an electronically monitored curfew and 12 months of intensive supervision, in addition to being convicted but discharged for the possession of the methamphetamine pipe.

In conclusion, the court imposed a sentence that prioritized Wilson's rehabilitation and reintegration into the community, recognizing her efforts to overcome addiction and her current stability. The court also highlighted the importance of closely supervising Wilson to prevent relapse and ensuring that the sentence provided a path for her continued personal and professional development.

Orders