SENTENCING AT WELLINGTON DISTIRCT COURT – CLASS A, B & C DRUGS: IMPORTATION, POSSESSION FOR SUPPLY, AND CONSPIRACY TO SUPPLY

BR was represented by Matt and Ciara and pleaded guilty to 8 charges involving importation, possession for supply and conspiracy to supply class A, B and C drugs. BR had been arrested as part of Operation Skipjack, a major investigation into the importation of illegal drugs in the Wellington region. BR had earlier faced 98 charges

At sentencing in the Wellington District Court, the Crown sought an overall starting point of 15 – 16 years imprisonment.

However, Matt sought discounts for a raft of mitigating factors including BR’s guilty plea, remorse, factors relating to his upbringing, addiction and rehabilitative efforts at Red Door Rehabilitation Facility, time on bail and lack of previous convictions.

His Honour Judge Hobbs acknowledged these factors in his decision and provided a discount of 70%. This resulted in an end sentence for BR of 3 years and 7 months imprisonment, an exceptional result.

SUPPLYING METHAMPHETAMINE – COMMUNITY DETENTION AND COMMUNITY WORK

Murray Mulitalo was charged with supplying at least one ounce (28 grams) of methamphetamine in March and April 2020 across four occasions. Matt acted for Mr Mulitalo.

At sentencing the judge adopted a starting point of two years six months imprisonment. She allowed total discounts of 55%, taking into account a late guilty plea; a cultural report which referred to the death of Mr Mulitalo’s father, the consequential financial pressure on his family, accentuated by the demands made by the family’s church; previous good character; remorse and his determined efforts to rehabilitate, including attendance at counselling to learn about the harmful impact of methamphetamine in the community.

Mr Mulitalo was sentenced to six months community detention and 100 hours community work.

DISMISSAL OF CHARGES – DRIVING WITH EXCESS BREATH ALCOHOL AND DANGEROUS DRIVING

Ciara acted for LW who was charged with dangerous driving and driving with excess breath alcohol. 

Ciara instructed a clinical neuropsychologist to assess whether LW suffered from mental impairments. It was concluded that LW suffered from various cognitive issues (including dementia) and this severely impacted her decision making and ability to communicate with counsel during court proceedings. Having worked with LW’s family to ensure appropriate support mechanisms were in place, Ciara also discussed the matter with Police Prosecutions who decided to withdraw the charges.

POLICE INVESTIGATION – SEXUAL VIOLATION

Our client, EQ had been on holiday with friends and engaged in a one-off sexual encounter with a woman. In the following weeks, a complaint was laid to Police. 

Police then contacted EQ to commence an investigation into the allegation and EQ contacted Ciara to obtain legal advice. Ciara assisted EQ throughout the investigation as well as liaising with Police.

In the end, Police advised that their investigation had concluded and a decision had been made not to charge EQ. 

POSSESSION OF CLASS A DRUG FOR SUPPLY

OW pleaded guilty to possessing 24 grams of methamphetamine for supply. Matt acted for OW. 

At sentencing, 28 months’ imprisonment was found to be an appropriate starting point and a 20% discount was awarded for OW’s early guilty plea. Matt also obtained a cultural report which outlined our client’s troubled personal background and this attracted a further 20% discount. OW had also made significant attempts to rehabilitate himself against a background of substance abuse and was awarded a further 5% discount for this factor. 

This left OW with an end sentence of 15 months’ imprisonment which could be substituted for an electronically monitored sentence. The Presiding Judge found community detention was the most appropriate and OW was sentenced to four months community detention and also 18 months intensive supervision.  

OW had also pleaded guilty to a charge of driving with excess breath alcohol. The Presiding Judge found that the case under s. 94 of the Land Transport Act had been made out and did not disqualify OW from driving but rather, that the community detention sentence could make up the community sentence requirement (so he did not have to serve a sentence of community work).

EM BAIL AND HOME DETENTION

KP plead guilty to 11 charges, with the most serious being injuring with intent to injure and burglary. KP accepted a sentence indication of 3.5 years imprisonment. However, prior to sentencing KP removed his EM Bail bracelet, absconded and was later re-arrested and remanded in custody. This was a wakeup call for KP, accepting that he needed support with drug and alcohol rehabilitation. Ciara sought that KP be admitted to the Grace Foundation and filed an application for EM Bail, which was successful.

At sentencing, KP received discounts for his early guilty pleas, remorse and factors that were addressed in his cultural report pursuant to s 27 Sentencing Act. An end sentence of nine months home detention with judicial monitoring was imposed.

Media

How police and homeowners brought down a Wellington drug syndicate

How police and homeowners brought down a Wellington drug syndicate

“… Matthew Goodwin spoke of his client’s journey since his second arrest, labelling it “transformational…

Former builder faced Judge Peter Hobbs for sentencing in the Wellington District Court, hoping for the home detention sentence his lawyer fervently argued for. He wasn’t granted home detention – but did receive a 70 per cent discount off his prison sentence.” Read full article here.

The MDMA in the juice bottle and the Brazilian cocaine: Auckland drug runner jailed for cartel role

The MDMA in the juice bottle and the Brazilian cocaine: Auckland drug runner jailed for cartel role

A former Auckland drug runner who served as a minion in one of New Zealand’s largest ever syndicates has been sentenced to a shade under a decade in prison. Matt Goodwin, said his client had been seduced into the sprawling and sophisticated syndicate amid financial difficulties, cultural pressure and personal tragedy with the death of his grandfather, his “mainstay of support”. Read full article here.

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