Luther Toleafoa has been sentenced to an extra year behind bars. Photo / NZME
Luther Toleafoa has been sentenced to an extra year behind bars. Photo / NZME
Rotorua drug dealer Luther Toleafoa has had an extra year added to his prison sentence after a judge realised he made a mistake with maths.
Toleafoa, a 42-year-old Head Hunters gang member, was sentenced in the Rotorua District Court on Friday to 10 years' imprisonment after being found guilty bya jury of 51 drug dealing-related charges.
However, Judge Greg Hollister-Jones recalled the matter to court this morning to correct his final sentence.
He said the starting point should have been 14 years imprisonment and he gave a reduction of 36 months imprisonment for mitigating factors. He also sentenced him to 10 months' concurrent for two money laundering charges. Therefore the end sentence should have been 11 years, not 10.
"I appreciate this is a disappointment to you but it is important that the court's actual sentence reflects what was intended," the judge told Toleafoa, who appeared in court via audiovisual link.
Judge Hollister-Jones said he realised his mistake on his drive home but at that stage, everyone had left.
Toleafoa's lawyer, Annabel Ives, said she understood as it was a very long day - with court not finishing until 5.45pm. However, she sent submissions to the judge that noted it was unfair on her client to learn now he was to have another year added to his sentence.
Judge Hollister-Jones noted her submission but said the end sentence should have been 11 years.
"I don't think we can go forward with such a significant mistake and I propose to correct it."
Toleafoa admitted for the first time on Friday he was responsible for the drug dealing, despite pleading not guilty and taking the charges to trial.
He used his gang contacts to get large quantities of methamphetamine from Auckland to Rotorua to onsell, doing deals out of Rotorua hotels and making enough money to fund an enviable lifestyle.
Toleafoa's drug dealing consisted of 22 counts of supplying methamphetamine, 20 of offering to supply the drug, five of conspiring to supply methamphetamine and four of possession of methamphetamine for supply.
He pleaded guilty last month to two money laundering charges, avoiding another trial.
Luther Toleafoa's wife, who was laundering his drug money, will be sentenced on March 25 next year. Photo / NZME
His wife, Paula Toleafoa, 47, was found guilty last month of 61 money laundering charges after a jury believed Crown evidence that she was involved in the scheme by banking and spending hundreds of thousands of dollars made from methamphetamine dealing.
The couple were found to be living an elaborate lifestyle taking several international holidays, driving flash cars, going on expensive shopping sprees and staying in hotels.
Paula Toleafoa will be sentenced on March 25 next year.
When police raided the Toleafoas' Rotorua home on December 6, 2018, they found 1173.6g of methamphetamine and $21,000 in cash.
Police started Operation Janzi in 2018 by intercepting Luther Toleafoa's texts and phone calls between March and December.
During the four-and-a-half-month police investigation, Toleafoa possessed, supplied, offered or conspired to deal a total of 1.7kg (62oz) of methamphetamine, valued at about $620,000.
A police summary of facts showed he was communicating in code with his customers, such as: "Wet; any bdy wntng? 10 5 2;5 csh and no les."
Luther Toleafoa would stay at the hotels, mostly with his wife, and would sell the drug in amounts between half an ounce and 3oz, as well as smaller retail amounts.
Judge Hollister-Jones described it as a "highly profitable" business and a forensic accountant gave evidence at the trial that showed Luther Toleafoa had unexplained cash of $141,000, including $21,000 found in the police search.
"It provided you with a lifestyle that would have been the envy of your drug-dependent customers."
