R v Wu

[2015] NZHC 1733

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-092-11602 [2015] NZHC 1733

THE QUEEN

v

ZHI FENG WU

Hearing:	28 July 2015
Counsel:	ZR Johnston PE Dacre QC for defendant
Judgment:	28 July 2015

SENTENCING NOTES OF FAIRE J

Solicitors:           Meredith Connell, Auckland

To:  PE Dacre QC, Auckland

R v Wu [2015] NZHC 1733 [28 July 2015]

Contents

Introduction ............................................................................................................[1] Facts .......................................................................................................................[3] Purposes and Principles of Sentencing (ss 7 and 8 of the Sentencing Act 2002) ..[8] Sentencing approach ............................................................................................[10] Submissions for the Crown .................................................................................. [11] Submissions for the defendant .............................................................................[13]

Starting point ..............................................................................................................

Aggravating factors relevant to the offending (s 9 Sentencing Act 2002)       [15] Relevant Cases  [16] Setting the starting point  [22]

Adjusting the starting point ..................................................................................[24] Mitigating factors .................................................................................................[25]

Pre-Sentence Report  [26]

Previous good character  [28]

Guilty plea  [31] Sentence ...............................................................................................................[32]

Introduction

[1]      Mr Wu, you appear for sentencing today on one charge of possession of a Class B controlled drug, which is an offence against s 6(1)(f) and s 6(2)(b) of the Misuse  of  Drugs  Act   1975  and  carries  a  maximum  penalty  of  14   years’ imprisonment.

[2]      Mr Wu, you pleaded guilty on the morning of your trial, 15 June 2015. However, you indicated to the Crown some weeks prior to trial that a plea will be likely.

Facts

[3]      Mr Wu, you were arrested as part of Operation GEM, which involved an investigation into the importation, supply and distribution of Class A and Class B controlled drugs in New Zealand by a syndicate operating from China.

[4]      On 22 October 2013, at approximately 8:15 am police executed a search warrant at a property at Pakuranga. You were the sole occupant. The police located

10.258 kg of pseudoephedrine in the form of ContacNT granules in a locked bedroom. A key to the bedroom was located on your keyring, which was in your bag.

[5]      The granules were packaged for the purposes of sale. There were 10 one set packages, six two set packages, and eight three set packages. Each package was wrapped with newspaper and labelled with the number of sets contained within. Each set weighed approximately 223 grams. The quantity of ContacNT contained between 3.4 and 4.1 kg of pseudoephedrine. The amount was capable of yielding between 1.7 and 2.6 kg of methamphetamine.

[6]      Your role was to be a keeper of the granules. Your co-defendant Mr Ma would travel to the address to collect quantities of ContacNT on behalf of other dealers.

[7]      After your arrest you declined to comment when spoken to by the Police and refused to name any third party or identify its role in the offending.

Purposes and Principles of Sentencing (ss 7 and 8 of the Sentencing Act 2002)

[8]      I keep in mind the relevant purposes and principles of sentencing. The most applicable to this case are to denounce your conduct and to deter yourself and others from committing similar offending in the future. Another is to hold you accountable

for the harm done to the community…