R V PUTUA HC AK CRI 2008-092-17198 [2009] NZHC 1314 (22 September 2009)

IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
                                                               CRI 2008-092-17198



                                        THE QUEEN



                                             v



                      
                 KORO PUTUA



Charge:         Supplying methamphetamine (representative)

Plea:           Guilty

Appearances: David
Johnstone for Crown
             Geoffrey Wells for Prisoner

Sentenced:      22 September 2009
                2 years imprisonment
(with conditions on release)



                     SENTENCING NOTES OF HARRISON J




_________________________________________________________________________________

SOLICITORS
Meredith Connell (Auckland) for Crown
Geoff Wells (Auckland) for Prisoner


R V PUTUA HC AK CRI 2008-092-17198 22 September
2009

Introduction


[1]     Mr Putua, you have pleaded guilty to a representative count of supplying
methamphetamine on or between
12 February 2008 and 5 May 2008. You know that
the maximum sentence that can be imposed is one of life imprisonment. That is a
reflection
of the way society considers this type of offending.


Facts


[2]     The facts are straightforward.      In late 2007 the police
conducted an
investigation into the drug dealing activities of two gangs ­ one was the Killer Beez
and the other was the Tribesmen.
       The investigation focused on the Counties-
Manukau region. The police intercepted over 110,000 telephone communications
during
a three month period.


[3]     Among the communications they intercepted were 294 between you and
those who are known drug dealers.
In particular there was Mr Joshua Masters, who
was allegedly the mastermind of this operation, Mr Max Wilson and Mr Morten
Moungatonga.
The last two have pleaded guilty to offending.


[4]     The police determined that 34 of the telephone and text messages between
you and the other three were related to drug dealing. The communications provided
overwhelming evidence that you were operating on
behalf of Mr Masters in selling
or supplying methamphetamine.        You were accountable to Mr Masters for the
proceeds of sale.


[5]     The police have been unable to work out the exact amount of drugs that you
supplied on Mr Masters' behalf or at his behest.
However, they were satisfied that
on each occasion you were dealing in relatively small units. As a result the police
have concluded
that you supplied between four and five grams of methamphetamine,
and you will be sentenced on that basis.

Starting Point


[6]
   Against that brief factual background I must set the starting point for your
sentence.   The starting point is the term of imprisonment
appropriate for the
offending before I take into account your personal circumstances.


[7]    I do not need to emphasise to you,
Mr Putua, the evil nature of dealing in
methamphetamine. You know because you would have seen the destruction that it
brings to users,
their whanau and their wider friends. Your realisation of that
damage is apparent from the letter that you have kindly written to
me.


[8]    Mr Johnstone, who appears today for the Crown, has provided a full written
synopsis of submissions.       I am particularly
appreciative of his summary of
comparative sentences imposed both in this Court and the District Court on some co-
offenders. In
total there were, I think, 64 people arrested as a result of the operation.


[9]    In particular I have considered the sentence
of two years and six months
imposed by Priestley J upon Ms Flavell: R v Flavell HC AK CRI 2008-092-7352
21 November 2008. She has
pleaded guilty to supplying just under six grams of
methamphetamine.      Priestley J adopted a starting point of four years and
three
months. Also I have considered the sentences imposed in this Court by Lang J in the
cases of Wilson and Te Wani: R v Wilson
HC AK CRI 2008-092-17198 30 June
2009; R v Te Wani HC AK CRI 2008-092-17198 30 June 2009.                  And also the
decisions of Wylie J dismissing three appeals from sentences imposed by Judge
Blackie in the District Court at Manukau: Phillips
v Police HC AK CRI 2009-404-
214 18 August 2009; George v Police HC AK CRI 2009-404-218 19 August 2009;
Vesetalu v Police HC AK CRI
2009-404-213 18 August 2009.


[10]   Finally, I am particularly influenced by the sentence of two years and two
months imposed by
Ronald Young J in this Court: R v Morunga HC AK CRI 2008-
092-17198 18 September 2009.            Ms Morunga pleaded guilty to supplying
methamphetamine in the range of five to seven grams. Ronald Young J adopted a

starting point of three years and three months. Mercifully
to Ms Morunga, he did not
adjust that starting point upwards to take account of her previous drug dealing.


[11]     I am satisfied
that an appropriate starting point for you, Mr Putua, is three
years imprisonment. I am not going to adjust that starting point upwards
to take
account of your previous offending. It is unrelated to serious drug dealing.


Mitigation


[12]     Against that starting
point, I take into account mitigating factors. First and
foremost there is your plea of guilty. It must be given an appropriate credit.
It is an
acknowledgement of your remorse for your wrongdoing. You accept that you are
accountable to society. You have saved the
State the cost and inconvenience of a
trial.


[13]     Mr Putua, you are aged 31 years. You have an unfortunate criminal history
dating back to Youth Court days.          Unfortunately you have had an ongoing
association with the so-called gangs in South Auckland.
The probation officer
assesses you as presenting a high risk of re-offending unless you are able to break
the chains of your association
with your past associates and gang members. That
will not be easy.


[14]     However, I understand from your correspondence that
you want to do what
you can to start a new life. You know that if you do not turn a corner today you are
going to be coming back
to this Court and you are going to be sentenced to
increasing terms of imprisonment. You have actually been in custody for 15 months
on this charge. On my assessment, on a time served basis, you have completed the
equivalent of a term of at least two-and-a-half
years imprisonment.


[15]     Mr Putua, I am impressed by the letter you have written me. Also I am
moved by the letter of support
from Mrs Witehira. She is the mother of your partner.
She is prepared to offer you all the support she can if you shift into the
Gisborne
region. She is obviously a person of high standing in the community. If you are
prepared to take the opportunity, I am in
no doubt that she could assist in your

rehabilitation. Also I take account of the fact that you now realise your children are
at
risk, largely as a result of your own criminality and lack of attention.
Furthermore, I am appreciative, as always, of the submissions
made on your behalf
by Mr Wells today.


[16]   In these circumstances I sentence you to a term of two years imprisonment.
On release
you are to be subject to the conditions set out in the probation report for a
period of six months. For the avoidance of doubt, I
repeat them in open Court today:


       (1)     You are to undertake a Mäori cultural assessment and if deemed
               suitable
to attend and complete any programme to the satisfaction of
               the supervising probation officer and programme provider;


       (2)     You are to undertake and complete any other such counselling
               programmes as directed by the supervising
probation officer;


       (3)     You are to undertake and complete a departmental rehabilitation
               programme and
abide by the rules of the programme to the
               satisfaction of the programme provider and probation officer;


      
(4)     You are not to associate with any member of the Tribesmen gang or
               the Killer Beez gang, either directly or
indirectly.


[17]   You understand those conditions. I am impressed by your willingness to
participate in those programmes. If you take that chance, Mr
Putua, I wish you well.
Please stand down.




                                      ______________________________________
    
                                 Rhys Harrison J