The King v Hone Ronaki - [2023] NZHC 3106

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CRI-2021-070-4221

[2023] NZHC 3106

THE KING

v

HONE RONAKI

Hearing: 17 August 2023

Appearances:

A Pollett and C A Bourke for the Crown A M Schulze for Mr Hone Ronaki

Judgment:

8 November 2023

SENTENCING REMARKS OF HARLAND J

Introduction

[1] Mr Ronaki, you appear before the Court today for sentence on 107 charges. By far, the largest of these, 79, were ones that you pleaded guilty to before trial. You also pleaded guilty, as your lawyer outlined today, to two charges during the trial after I amended one particular charge down from aggravated robbery to theft.1 You were found guilty by the jury of 26 charges and acquitted, that is found not guilty, in respect of 14 charges. As I have said, given the number of charges, I am proposing to include them in a schedule to the written version of these sentencing notes, rather than to list them individually. But, I also need to be transparent because this is a public process and so I do need to summarise some matters.

1 Charges 47A and 90A, Crown Charge List (end of trial).

R v HONE RONAKI [2023] NZHC 3106 [8 November 2023]

[2] Almost all of your convictions involve methamphetamine offending, being convictions for possessing methamphetamine for supply,2 supplying methamphetamine,3 and conspiring to supply methamphetamine.4 There is one charge of possessing cannabis for supply5 and one charge of participating in an organised criminal group,6 the purpose of which was to organise finance and be involved in the sale or supply of classes A, B and C drugs. You pleaded guilty to the latter charge, that is the organised criminal group drug charge, before your trial. But you were also convicted of participating in an organised criminal group, the objective of which was to commit serious violent offences associated with drug offending.

[3] You were also found guilty and pleaded guilty to charges of discharging a firearm with reckless disregard,7 as well as charges laid under the Arms Act 1983, including unlawful possession of firearms,8 prohibited firearms,9 a pistol and ammunition.10

[4] As well, you pleaded guilty to two charges of money laundering, one of which was a representative charge.11

[5] All of your offending arose out of your association with the Mongols Motorcycle Club (Mongols) and your role as vice president of the newly established New Zealand chapter of it.

[6] Inevitably, a term of imprisonment will be imposed. The question is how long it should be, what mitigating matters might reduce it and whether I should require you to serve a minimum period of imprisonment (MPI) before being considered for parole at the usual one third.

2      Misuse of Drugs Act 1975, ss 6(1)(f) and 6(2); maximum penalty life imprisonment.
3      Sections 6(1)(c) and 6(2); maximum penalty life imprisonment.
4      Section 6(2A); maximum penalty 14 years’ imprisonment.
5      Sections 6(1)(f) and 6(2)(c); maximum penalty eight years’ imprisonment.
6      Crimes…

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 The King v Hone Ronaki

Details

AGLC: The King v Hone Ronaki [2023] NZHC 3106
Case: [2023] NZHC 3106
Decision Date

CaseChat Overview and Summary

Hone Ronaki was sentenced by Harland J in the High Court of New Zealand for his involvement in methamphetamine, cocaine, cannabis, and firearms offences, as well as money laundering and theft. Ronaki was found guilty on 79 charges, not guilty on 14 charges, and acquitted on 14 charges. The court determined that Ronaki's role in the Mongols Motorcycle Club was a leading one, and that his methamphetamine addiction was a significant factor in his offending. The court imposed a starting sentence of 19 years' imprisonment, with uplifts for firearms and cannabis offending, resulting in an end starting point of 23 years' imprisonment. After considering mitigating factors, including Ronaki's background and addiction, the court imposed a sentence of 16 years' imprisonment with a minimum period of imprisonment (MPI) of 40%, meaning Ronaki must serve six years and five months before being eligible for parole.

Orders