| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA14/2020 [2023] NZCA 446 |
| BETWEEN | ZHI ZHAO TAN |
| AND | THE KING |
| CA15/2020 | ||
| BETWEEN | CHI WA LEUNG | |
| AND | THE KING | |
| CA105/2020 | ||
| BETWEEN | HAO LI | |
| AND | THE KING | |
| CA396/2020 | ||
| BETWEEN | WAI FAT WONG | |
| AND | THE KING | |
| CA424/2020 | ||
| BETWEEN | YIU WAI CHIANG | |
| AND | THE KING | |
| CA605/2020 | ||
| BETWEEN | TAI FI CHIU | |
| AND | THE KING | |
| Hearing: | 26–27 October 2022 (further submissions received 13 March 2023) |
Court: | Cooper P, Venning and Palmer JJ |
Counsel: | L O Smith for Appellant in CA14/2020 |
Judgment: | 14 September 2023 at 11.00 am |
JUDGMENT OF THE COURT
AThe applications by Hao Li, Yiu Wai Chiang and Tai Fi Chiu to extend the time for appealing are granted.
BThe application by Hao Li to adduce further evidence is declined.
CThe conviction appeals by Hao Li and Tai Fi Chiu are dismissed.
DThe sentence appeal of Wai Fat Wong is allowed in part and the order that he serve a minimum period of imprisonment is set aside.
E All other sentence appeals are dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Cooper P)
Table of Contents
| Para No | |
| Introduction | [1] |
| The offending | [10] |
| The conviction appeals | [33] |
| Hao Li | [33] |
| Tai Fi Chiu | [51] |
| The sentence appeals | [66] |
| Sentencing for methamphetamine offending | [68] |
| Sentencing Judge’s approach | [78] |
| Ricky Leung | [80] |
| Wai Fat Wong | [83] |
| Tai Fi Chiu | [113] |
| Hao Li | [125] |
| Yiu Wai Chiang | [140] |
| Zhi Zhao Tan | [154] |
| Chi Leung | [171] |
| Result | [183] |
Introduction
The six appellants were each convicted of charges connected to their respective roles in offending relating to the importation of significant amounts of methamphetamine.
On 30 January 2019, Tai Fi Chiu pleaded guilty to one charge of importing methamphetamine,[1] and two charges of possession of methamphetamine for supply.[2] On 8 February 2019, Yiu Wai Chiang pleaded guilty to one charge of possession of methamphetamine for supply.[3] Wai Fat Wong pleaded guilty to three charges of importing methamphetamine,[4] and two of possession of methamphetamine for supply on the morning of the trial, 11 February 2019.[5]
[1]Misuse of Drugs Act 1975, s 6(1)(a) and (2)(a).
[2]Section 6(1)(f) and (2)(a).
[3]Section 6(1)(f) and (2)(a).
[4]Section 6(1)(a) and (2)(a).
[5]Section 6(1)(f) and (2)(a).
The other defendants were found guilty by the jury. Hao Li, Zhi Zhao Tan and Chi Wa Leung were each convicted of one charge of possession of methamphetamine for supply.[6] Chi Leung shares a surname with a co‑offender, Mr Ricky Tat Choi Leung, and will be referred to by his first name for clarity.
[6]Section 6(1)(f) and (2)(a).
The trial Judge, Moore J sentenced the appellants to terms of…
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- [2023] NZCA 446
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CaseChat Overview and Summary
The Court addressed the conviction appeals of Hao Li and Tai Fi Chiu, which were dismissed. Hao Li's conviction appeal was based on a conflict of interest arising from her trial counsel also representing her husband, Mr Wong. The Court found that there was no miscarriage of justice resulting from the joint representation. Tai Fi Chiu's appeal against his conviction was also dismissed, as the Court found that there was sufficient evidence to support the conviction.
The Court then addressed the sentence appeals of each appellant. The Court allowed the sentence appeal of Wai Fat Wong in part, setting aside the order that he serve a minimum period of imprisonment, as it was unnecessary and not contemplated by statute. The Court dismissed all other sentence appeals, finding that the sentences imposed were appropriate and within the range available to the sentencing judge.
In conclusion, the Court granted the applications by Hao Li, Yiu Wai Chiang, and Tai Fi Chiu to extend the time for appealing. The application by Hao Li to adduce further evidence was declined. The conviction appeals by Hao Li and Tai Fi Chiu were dismissed, and the sentence appeal of Wai Fat Wong was allowed in part. All other sentence appeals were dismissed.
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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