IN THE COURT OF APPEAL OF NEW ZEALAND
CA218/2009
[2009] NZCA 332THE QUEEN
v
SIK CHEUNG WONG
Hearing:27 July 2009
Court:Baragwanath, Venning and Winkelmann JJ
Counsel:D G Young for Appellant
A M Powell for Crown
Judgment:29 July 2009 at 4pm
JUDGMENT OF THE COURT
THE APPEAL AGAINST SENTENCE IS DISMISSED.
____________________________________________________________________
REASONS OF THE COURT
(Given by Venning J)
[1] This is an appeal against a sentence of 11 years three months’ imprisonment with a minimum non-parole period of 50 per cent for importing methamphetamine. The sentence was imposed by Miller J. The Judge also sentenced the appellant to a concurrent term of imprisonment for nine years nine months for having possession of methamphetamine for the purposes of supply. The sentences followed the appellant’s guilty pleas to the charges.
Background
[2] The appellant came to New Zealand on 30 June 2007 to complete the planned importation of a large quantity of methamphetamine from Hong Kong. The police monitored the activities and communications of those involved. The investigation disclosed that the importation operation was carefully planned and executed. The appellant rented an apartment in Auckland and faxed its address to a colleague in Hong Kong. He then continued to communicate with associates overseas about the importation. Two cardboard boxes were sent to the address from Canada. The customs declaration proclaimed that the boxes contained figurines. In fact they contained approximately two kilograms of methamphetamine skilfully packaged to conceal the drug.
[3] Customs and police officers intercepted the drugs and substituted the methamphetamine with an imitation substance. The packages were resealed and delivered to the appellant by customs officers posing as courier company delivery persons on 19 July 2007. Later that day the police entered the appellant’s apartment. The appellant admitted the drugs were in the bedroom.
Sentencing
[4] The appellant pleaded guilty to both charges. Despite the guilty pleas he sought to minimise his knowledge of the drugs in his possession when speaking to the writer of the pre-sentence report. But through counsel he confirmed he accepted the summary of facts for sentencing purposes. On the basis of the summary of facts, Miller J categorised the appellant’s role as a responsible one, equivalent to that of a manager or organiser. The Judge noted the importation fell into band 4 of R v Fatu [2006] 2 NZLR 72 at [36] (CA). That attracted a starting point of between 12 years and life imprisonment. Mr Haigh QC argued for a starting point of 13 and a half years. Miller J considered a number of other authorities, including R v Jarvid HC AK CRI 2005-004-014044 4 September 2007 and R v Nguyen HC AK CRI 2008-092-002791 14 November 2008, which demonstrated that starting points of between 11 and 13 years had been adopted for couriers. The Judge then took a starting point of 15 years, given the quantity of drugs involved and his assessment of the appellant’s role in the importation.
[5] Miller J accepted that there were no personal aggravating factors. He…
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- AGLC
- R v Wong [2009] NZCA 332
- Case
- [2009] NZCA 332
- Decision Date
CaseChat Overview and Summary
The appellant argued that the sentence was manifestly excessive on several grounds. Firstly, he contended that the starting point of 15 years was set too high. The Court found that the starting point was within the range appropriate for the offence, given the commercial nature of the importation and the appellant's role as a manager or organiser. Secondly, the appellant submitted that insufficient credit had been given for mitigating factors. The Court held that Miller J had properly considered the mitigating factors and had allowed a 25 per cent discount for the guilty plea, which was not materially different from the 28 per cent discount proposed by the appellant's counsel. Lastly, the appellant argued that there was no need for a minimum non-parole period. The Court disagreed, finding that the criteria for an order under s 86 were made out, and that the Judge had exercised leniency by fixing the minimum period of imprisonment at 50 per cent.
The appeal against sentence was dismissed, and the original sentence was upheld. Wong's solicitors were John Sellers of Auckland, and the Crown was represented by the Crown Law Office of Wellington.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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