R v Zhang [2016] NZDC 21105 (25 October 2016)

Last Updated: 1 February 2017

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT AUCKLAND

CRI-2016-004-005599 [2016] NZDC 21105

THE QUEEN

v

_{NANNAN ZHANG}

Hearing:	25 October 2016
Appearances:	T Bellingham for the Crown I Tucker for the Defendant
Judgment:	25 October 2016

_{NOTES OF JUDGE N R DAWSON ON SENTENCING}

[1] Ms Zhang, you appear in Court today for sentencing on two charges of importing ephedrine.

[2] You are 27 years of age. You have no previous convictions.

[3] I have seen the pre-sentence report and I have also read your letter of apology to the Court. I have also had submissions on your behalf from your counsel.

[4] The facts of the offending are that on or about 30 March 2016, a parcel with a Chinese tracking number arrived from China. On 1 April 2016, a New Zealand Customs officer inspected that parcel and found a black plastic carrier case within the parcel containing 3.978 kilograms of ephedrine. That has an estimated street

_{value of $400,000 to $500,000.}

R v NANNAN ZHANG [2016] NZDC 21105 [25 October 2016]

[5] On or about 30 March, another parcel from China was also inspected by the New Zealand Customs officers due to them noticing abnormalities with the parcel. Whilst on the inspection being carried out, ephedrine was found of approximately five kilograms in weight with a street value of between $500,000 and $600,000.

[6] At 11.20 am on 8 April 2016, the police observed you opening the boot of your vehicle and remove a plastic shopping bag which you placed in a public rubbish bin. On inspection of that bin they found a cellphone, 10 pieces of paper torn up, and written on the piece of paper were details of the consignment of the packages to New Zealand. When calls were made on the phone it polled to an area where you lived.

[7] The principal sentencing factors I need to take into account are denunciation and deterrence. Ephedrine of course is turned into methamphetamine which is a well-known scourge in society. If people get involved in this importation then sentences need to be imposed to make it very clear to those persons that it is a serious matter which the Courts will sentence upon accordingly. You need to be held responsible for your part in importing this drug into New Zealand.

[8] The aggravating factors are the amount of approximately 8.978 kilograms in total with a street value in total of between $900,000 and $1.1 million. There is a high level of premeditation involved in this offending as it is sophisticated offending but I do take into account that your role was that of a catcher. It is a key role of offending but you are not a principal offender in the importation.

[9] In mitigation you have entered a guilty plea at a sentence indication stage which entitles you to a 20 percent discount. You have also expressed remorse for your offending in your letter to the Court and you have no previous convictions. You are a foreign national and serving time in prison would be difficult for you.

[10] The pre-sentence report notes that you are at a low risk of reoffending and a low risk of causing harm to others. It also notes that you take responsibility for your involvement in the offences.

[11] At sentencing indication hearing, I indicated that after taking into account the case of R v Wallace and Christie [1999] NZCA 89; [1999] 3 NZLR 159 (CA), a starting point of five years and eight months’ imprisonment would be adopted. A guilty plea would reduce that by 13 and a half months.

[12] After taking into account your record of no previous convictions, the remorse you have expressed, and the isolation that you could be expected to have in prison as a foreign national, I deduct a further six and a half months.

[13] On both charges, you are therefore sentenced to a sentence of imprisonment of three years and 10 months to be served concurrently on each other.

N R Dawson

District Court Judge