R v Robati

[2018] NZHC 1537

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2016-044-004279

[2018] NZHC 1537

THE QUEEN

v

HENRY ATUAHIVA ROBATI

Hearing:

26 June 2018

Counsel:

NR Webby for Crown

AJ Holland for Defendant

Judgment:

26 June 2018

SENTENCING REMARKS OF DOWNS J

Solicitors:

Crown Solicitor, Auckland. AJ Holland, Auckland.

R v ROBATI [2018] NZHC 1537 [26 June 2018]

[1]    Mr Robati, you may recall that on 22 May 2018 another Judge—Lang J— indicated what your sentence would be if you pleaded guilty to your charged offences: supplying methamphetamine, and supplying cocaine.1 You pleaded guilty. Consequently, I adopt Lang J’s methodology and proposed sentence. My remarks will therefore be brief.

[2]    On 29 September 2016, a leading member of a drug syndicate spoke to you by telephone. You and she arranged to meet. You were given a sports bag containing

14.9 kilograms of methamphetamine and 1.923 kilograms of cocaine. Telephone contact between you and she continued. You then drove to a carpark in Manurewa. You were met there by others, including Mr Uputaua. You gave the sports bag to him. Unknown to you, Police stopped Mr Uputaua and recovered the drugs. You spoke with X, your female associate, and confirmed you had handed the drugs over. Discussion between X and another member of the syndicate reveals you were a valued member of their “crew”.

[3]    Lang J foreshadowed a starting point of 12 and a half years’ imprisonment on the charge of supplying methamphetamine, uplifted or increased by one year for the cocaine charge.  I  do  the  same.  Your  offending  was  less  serious  than  that  of Mr Uputaua, in relation to whom Lang J adopted a global starting point of 16 years’ imprisonment.

[4]    The Judge said he would reduce the starting point by 15 per cent to reflect your age: you were then only 20. The Judge would have given you greater discount but for your criminal offending in Australia.

[5]    The Judge foreshadowed a discount of 20 per cent for your guilty pleas. While your trial was imminent, there was agreement “ongoing issues regarding disclosure” were important.

[6]    I do likewise for each mitigating feature. This produces a sentence of nine years and three months’ imprisonment.

1      R v Robati [2018] NZHC 1168.

[7]    The Judge said he would not impose a minimum term of imprisonment if your pre-sentence report was positive. The Judge was mindful of your age and your relatively junior role within the syndicate. I have read your pre-sentence report. While it is brief, your likelihood of re-offending is assessed as “low”. The report also describes you as taking responsibility for your offending.

[8]Mr Robati, please stand:

(a)I sentence you to a term of nine years and three months’ imprisonment.

(b)I impose no minimum period of imprisonment. This means you will be eligible for parole after you have served one-third of your sentence.

[9]    Whether you are released then is a matter for the Parole Board, not me. Your attitude will be important. So too the extent to which you demonstrate regret for your offending, which was plainly serious. I encourage you to reflect on these remarks.

[10]Please stand down.

……………………………..

Downs J