R v Rahman [2020] NZDC 12838 (6 July 2020)

Last Updated: 6 December 2021

IN THE DISTRICT COURT AT AUCKLAND I TE KŌTI-Ā-ROHE KI TĀMAKI MAKAURAU

CRI-2019-004-001414

[2020] NZDC 12838

THE QUEEN

v

TALLAT RAHMAN

Hearing:	6 July 2020
Appearances:	J Herring for the Crown D Young for the Defendant
Judgment:	6 July 2020

NOTES OF JUDGE N R DAWSON ON SENTENCING

[1] Mr Rahman, you appear in Court today for sentencing on four charges of importing methamphetamine. I note that you are 62 years of age and you have no previous convictions.

[2] I have received a pre-sentence report, a cultural report, a psychiatric report, your letter and a certificate from the prison and today I have also received further information indicating the positive efforts you have been making while working in roles within the prison.

[3] The facts of the offending are that in early 2018 the police from the National Organised Crime Group commenced an investigation codenamed Operation Nova. In the course of that investigation they identified a joint criminal enterprise operating for the purpose of importing methamphetamine into

R v TALLAT RAHMAN [2020] NZDC 12838 [6 July 2020]

New Zealand, distributing it and deriving cash from that activity. The general method of importation involved sending small to medium-sized catering appliances from a USA-based restaurant equipment suppliers to various addresses in New Zealand. The appliances were packed with methamphetamine. From at least late 2018 until you were all arrested in February 2019, you and your associates undertook various roles as members of a joint criminal enterprise. You together with others sourced the methamphetamine and arranged for its delivery into New Zealand. On occasions you travelled to Mexico for that purpose. Two others arranged for the receipt of the methamphetamine within New Zealand and its subsequent distribution. You were in regular contact with one of them discussing previous and future importations of controlled drugs into New Zealand. Others in the organisation arranged the supply of landed methamphetamine within New Zealand and received payment in cash, and remitting it to various stakeholders both internationally and domestically.

[4] On 9 December 2018 a consignment containing several kilograms of methamphetamine arrived in New Zealand from the USA. The consignment was declared as Discounted Table Top Griddle and sent from a restaurant address in Los Angeles in the United States. On 16 December 2018 a consignment arrived in New Zealand from the USA. It was declared as a Hot Dog Roller sent from Restaurant Tek in Los Angeles in the United States. The consignment was seized by Customs and examined and found to contain approximately 4.82 kilograms of methamphetamine. Customs did not release it.

[5] On 4 February 2019 a consignment arrived in New Zealand from the USA. It was declared as a Waffle Maker as Sample and sent from a person in Pomona in the USA. The consignment was examined by Customs and found to contain approximately 2.9 kilograms of methamphetamine. On 12 February 2019 a consignment arrived in New Zealand from the USA and declared as a Bunn Quality Coffee Brewer and sent from an address in Pomona in USA. Customs examined the consignment and found it contained approximately 2.9 kilograms of methamphetamine.

[6] On 14 February 2019 Fijian police executed the search warrant at your home address in Suva in Fiji. They found handwritten notes that included the consignee

names and addresses. Also located was a tick list which contained a heading with a code name with the various amounts recorded underneath that totalled 320,000. That figure when written was the amount of New Zealand Dollars that was owed by you and another for methamphetamine importations.

[7] There are a number of sentencing factors I need to take into account when I sentence you. The first is hold you accountable for the harm caused within our community by the proliferation of a highly-addictive drug that leads to further crime to fund the user’s addictions and the destruction of family and social relationships. For that reason the sentencing factors of denunciation and deterrence are the principle factors I need to take into account. The community need to be protected from the well-known and destructive effects caused by methamphetamine. The gravity of your offending and your culpability were both high. This was a highly sophisticated operation involving the organisation of multiple parties to fulfil a variety of roles within the overall operation. The amount of methamphetamine was 10.62 kilograms plus several kilograms more but it has not been ascertained exactly how much. You played a leading role in a highly commercial operation. The harm from the offence is very high given the quantity of methamphetamine and your offer to continue supplying large quantities of methamphetamine. The level of premeditation is very high. You sourced the methamphetamine, gave directions and masterminded the operation. You were the head of the snake of this operation. Submissions that you are only a middle guy are not accepted. There is no proof on the balance of probabilities that you were under instruction from somebody else. As a matter of logic you had to have obtained the methamphetamine from somewhere. There is no evidence as to who might have been above you in any chain.

[8] You entered a guilty plea at a stage when you were entitled to a 20 percent discount. You have expressed remorse through the letter you have written to the Court and that is an insightful letter and can be taken into account to your credit. You are a person with no previous convictions. You are also a foreign national. You have medical conditions and you are 62 years of age.

[9] The pre-sentence report assesses you of being at low risk of re-offending and you are not identified as having had a criminal history prior to this. Your risk of harm

to others is assessed as high and reflects the serious harm caused directly and indirectly to the community by those involved in the methamphetamine trade. You have accepted full responsibility for your offending and that you are deeply sorry for the pain and suffering your actions have caused the people of New Zealand and you say you live with the guilt and shame of your offending every day. The report notes you have no links to the community in New Zealand and there are no identified offending-related factors other than that of the financial gain. It also refers to your acute asthma and associated respiratory problems.

[10] At the sentence indication hearing before me I was of the view that your offending fell within band 5 of the case of Zhang v R and I am still of that view.1 The starting point is a sentence of imprisonment of 25 years. Your guilty plea reduces that by five years and due to you being a foreign national causing you difficulties in serving a sentence of imprisonment with English not being your first language and having no other community support, I reduce your sentence by a further three years. Given your medical condition, age and remorse I deduct a further one year, taking it to a sentence of imprisonment of 16 years. I am not making any reduction in your sentence from the matters raised in your mental health and cultural reports. Although they are insightful there is no causal link between the matters raised and this offending.

[11] The sentence of 16 years is imposed on each of the charges to be served concurrently on each other. I am not imposing any minimum period of imprisonment as you have no previous convictions and given your older age and medical condition I am of the view that your sentence is best administered by the Parole Board.

Judge NR Dawson

District Court Judge

Date of authentication: 15/07/2020

In an electronic form, authenticated pursuant to Rule 2.2(2)(b) Criminal Procedure Rules 2012.

1 Zhang v [2019] NZCA 507.