IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE	
CRI-2019-004-3382
[2020] NZHC 2577	

THE QUEEN	

v	

WIWINI HIMI HAKARAIA	

Hearing:	1 October 2020	
Appearances:	E Smith for Crown
P Wicks QC and K Hogan for Defendant	
Judgment:	1 October 2020	

SENTENCING REMARKS OF LANG J

Solicitors:
Crown Solicitor, Auckland

R v HAKARAIA [2020] NZHC 2577 [1 October 2020]

[1]	Mr Hakaraia, you appear for sentence today having pleaded guilty this morning to two charges of being in possession of cocaine.1 The maximum sentence for that charge is six months imprisonment. Below that, of course, the Court has available to it an array of sentencing options including community-based sentences such as community work and community detention and, at the lower end of the spectrum, a fine not exceeding $1,000.

The facts

[2]	The charges were laid as a result of a police search that was carried out at your address on 11 April 2019. You had earlier been the subject, along with several others, of a long-running police operation looking into the distribution of drugs in the wider Auckland area. When the police searched your property they found a bag inside a Nike shoe on a shelf in a bedroom. This contained a quantity of white powder. On analysis it was found to be 27.6 grams of cocaine.

[3]	In a cupboard on the wall in another room the police found a bag containing a number of items. One of these was a container with further white powder in it. On analysis this was found to contain both cocaine and methamphetamine and had a total weight of 18.2 grams.

[4]	You were originally charged with being in possession of both quantities of the drugs for the purposes of supply. The maximum sentence for that offence is life imprisonment. The Crown agreed to amend the charges to charges of simple possession at the conclusion of the Crown case. You then entered guilty pleas immediately.

Sentencing options

[5]	Both counsel agree that your case should be dealt with by way of a fine. You should consider yourself fortunate that the Crown supports this submission because this level of possession would normally call for either a sentence of imprisonment or at least a community-based sentence. I bear in mind in this context that the Misuse of

1	Misuse of Drugs Act 1975, s 7(2)(a).

Drugs Act 1975 contains a presumption that anyone in possession of more than five grams of cocaine is in possession of those drugs for the purposes of supply rather than personal consumption.

[6]	I accept the submission that a fine is appropriate in your case for several reasons. First, you appear before the courts for the first time at the age of 42 years. You are obviously entitled to call on your previous good character in a situation such as this. Secondly, your counsel advises me that you have been involved in numerous charitable organisations and institutions over many years. He also explains that the quantity of drugs found in your possession reflects the fact that, as at the date the drugs were found, you were a regular consumer of cocaine. You were fortunate in that you had access to income that permitted you to buy in bulk at a cheaper price to finance your consumption of cocaine. Your counsel tells me you have now ceased consuming drugs and no longer have anything to do with them. In addition, your counsel points out that you pleaded guilty at the first opportunity once you were able to respond to a charge of simple possession rather than possession for supply.

[7]	I consider all of those factors justify the imposition of a fine rather than a sentence of imprisonment or community-based work. On the other hand, this is possession at the very top end. On that basis I am satisfied that the maximum penalty of a fine of $1,000 is appropriate in each case.

Sentence

[8]	On each charge you are sentenced to a fine of $1,000.

Destruction order

[9]	I make an order for the destruction of the drugs that were found in your possession.

Lang J