New Zealand Case Law: Decisions & Judgments

Topic

Conspiracy to import

Legal area

Court

22 Jun 2021

R v PATRYK LUKASIK & ANOR [2021] NZHC 1494

Citation

[2012] 3 NZLR 115
Court

High Court

Court applied Zhang principles using quantity (4 kg) and role to set starting points, adjusted for parity with related sentence of co-defendant, allowed mitigation discounts for foreign national status and good character (15% for Wilk; combined 12%+5% for Lukasik), declined additional discount for alleged treatment abroad absent objective evidence, accounted for pre-extradition detention by reserving that credit be applied by operation of law, and imposed minimum periods of imprisonment of 40% because the default term was insufficient to meet deterrence and denunciation objectives.
7 Nov 2019

R v FANGUPO [2019] NZHC 2896

Citation

[2019] NZHC 2896
Court

High Court

The judge found the principal offenders (Kulu and Fangupo) were co-equals and leaders who imported approximately 20 kilograms each (including caught and uncaught packages and attempted imports), adopted starting points of 20 years (Kulu) and 19 years (Fangupo), applied 10% mitigation for good character/rehabilitation factors resulting in final custodial terms of 18 years (Kulu) and 17 years (Fangupo) and imposed 50% minimum periods for parole eligibility; Finau was found to have a lesser, inept role, adopted an 8-year starting point plus one year uplift for a dangerous firearm/ ammunition and…
10 May 2018

R v CHASE [2018] NZHC 1022

Citation

[2018] NZHC 1022
Court

High Court

Determine an objective starting point reflecting the scale and commercial nature of the offending, apply appropriate aggravating uplifts (including for offending while on bail and related conspiracy), then apply recognised deductions for delay and guilty pleas and assess totality with existing sentences and personal factors to fix the final sentence; where rehabilitation and significant mitigation reduce the effective sentence below custody thresholds, home detention may be imposed.
23 Mar 2018

GAO v R [2018] NZCA 69

Citation

[2018] NZCA 69
Court

Court of Appeal

The Court upheld the sentencing Judge's factual findings and exercise of discretion: the conspiracy fell within band four because communications and association with a proven importer showed real prospect of large scale importation; the Judge permissibly linked the conspirators to the importation for sentencing without contradicting acquittals; a two‑year uplift for a separate conspiracy to supply was justified; the discounts for guilty pleas and personal factors were within range; no persuasive evidence showed imprisonment would be disproportionately severe for the foreign national appellant…
8 Sept 2017

R v HEKE [2017] NZHC 2187

Citation

R v HEKE [2017] NZHC 2187
Court

High Court

Starting point set at five years for importing 100g methamphetamine, uplifted six months for conspiracy and 15 months for offending while in custody to 6 years 9 months, reduced by a 20% guilty plea discount resulting in a final sentence of five years five months' imprisonment.
8 Sept 2017

R v HEKE [2017] NZHC 2187

Citation

[2017] NZHC 2187
Court

High Court

Court adopted a five year starting point for importation of 100g methamphetamine, added a six month uplift for the conspiracy charge and a 15 month uplift for offending while in custody (total 6 years 9 months), then applied a 20% guilty plea reduction, yielding a final sentence of five years and five months imprisonment.
1 Feb 2016

R v MOKA [2016] NZHC 40

Citation

[2016] NZHC 40
Court

High Court

The judge adopted a starting point of five years for importation plus six months for the conspiracy, deducted one year for the defendant's lesser involvement and circumstances, applied a 25% plea discount, and imposed an aggregate sentence of three years four months with sentences to be served concurrently.

New Zealand Case Law

R v PATRYK LUKASIK & ANOR [2021] NZHC 1494

R v FANGUPO [2019] NZHC 2896

R v CHASE [2018] NZHC 1022

GAO v R [2018] NZCA 69

R v HEKE [2017] NZHC 2187

R v HEKE [2017] NZHC 2187

R v MOKA [2016] NZHC 40