IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2013-092-11602 [2015] NZHC 2325
THE QUEEN
v
HUI ZHANG DESMOND LOKE DESMOND SHARP
MICHAEL JEFFREY NEEMS LULU ZHANG
GUO CHEN
Hearing: 24 September 2015 Appearances:
B Northwood and Z Johnston for Crown R Mansfield and NW Dobbs for H Zhang T Cooper for Chen
R Reed and M Wharepouri for L Zhang
J Clearwater for Neems
D Niven and H Leabourn for Sharp
G Newell for LokeSentence:
24 September 2015
SENTENCING NOTES OF TOOGOOD J
R v ZHANG & ORS [2015] NZHC 2325 [24 September 2015]
Table of Contents Paragraph
Number
Introduction [1] Facts [2] Approach to sentencing [14] Hui Zhang [20] Charges [20] Pseudoephedrine importation [21] Pseudoephedrine possession and supply [32] Personal circumstances [38] Minimum period of imprisonment [45]
Lulu Zhang[46] Charges [46] Starting point [47] Personal circumstances [55]
Guo Pei Chen [62] Charges [62] Starting point [63] Personal circumstances [69] Minimum period of imprisonment [74] Desmond Riley Lingard Sharp [78] Charges [78]
The pseudoephedrine charges [79] Manufacture of methamphetamine [84] Overall starting point [90] Personal circumstances [92] Minimum period of imprisonment [95]
Desmond Loke [96] Charges [96] The related offending [100]
Table of Contents Paragraph
Number
Personal circumstances [101] Minimum period of imprisonment [107] Michael Jeffrey Neems [109] Charge [109] Starting point [112] Personal circumstances [115] Sentences [119] Hui Zhang [120]
Lulu Zhang [123] Guo Pei Chen [125] Desmond Riley Lingard Sharp [129] Desmond Loke [132] Michael Jeffrey Neems [135]
Introduction
[1] Hui Zhang, Lulu Zhang, Guo Pei Chen, Desmond Sharp, Desmond Loke and Jeffrey Michael Neems: you appear for sentence after being found guilty by a jury of various charges relating to your participation in a criminal group which was responsible for the importation and supply of pseudoephedrine and, in the case of two of you, the manufacture of methamphetamine.
Facts
[2] In October 2012, at the Ports of Auckland, Police and Customs officers intercepted a water filter, said to have come from Longgan District in China, which was consigned to an address in East Tamaki, Auckland. On examination of the cylinder, a total of 39 bags of pink and yellow granules in the form of a cold and flu remedy, ContacNT, containing around 90 kilograms of the Class B controlled drug pseudoephedrine, were revealed. It was later discovered that your fingerprints, Mr Zhang, were on two of the plastic bags containing the drug. The jury acquitted you of being a party to that importation but I shall have more to say about it later.
[3] In August 2013, the Organised & Financial Crime Agency New Zealand (“OFCANZ”) commenced an investigation, known as Operation Gem, into the activities of a syndicate of associates suspected to be involved in the importation, supply and distribution of class A and class B drugs, namely methamphetamine and pseudoephedrine.
[4] The Police, with the assistance of Customs, had been monitoring the importation of ContacNT within consignments that had arrived from China.
[5] On 11 May 2013, a container that originated from…
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