Ben David Howe has been imprisoned for nearly seven years after his involvement in a methamphetamine operation. Photo / NZME
A man found to be in possession of a firearm, 50 rounds of ammunition and a stash of methamphetamine and cannabis hid the items at his parents’ house, which police later raided.
Ben David Howe, who was found to have worked on a commercial methamphetamine operation with his co-defendants, was imprisoned for nearly seven years on Monday by High Court justice Simon Moore.
He earlier pleaded guilty to six drugs and firearm-related charges, including manufacturing methamphetamine, possessing the drug for supply, unlawful possession of a firearm and ammunition, and possession of cannabis.
According to the summary of facts, Howe was investigated as part of Operation Emoji - a large-scale investigation into the drug trade within the Rotorua and Whakatāne regions.
The leader of the clandestine meth-making operation was 31-year-old Calebh Simpson, who was first raided by officers in February 2020. He was sentenced to 12 years in prison in August.
Simpson was living in a “substantially remodelled” garage in Whakatāne, where police found precursor substances to methamphetamine and about $75,000 worth of the drug itself. Police later found a hydraulically-operated compartment under his bed, holding $1.5 million in cash.
Howe was described in court by prosecutor Richard Jenson as Simpson’s “right-hand man”.
At the time, Howe was living at his parents’ home which was raided by police in June 2020, after suspicions he was involved with Simpson.
During the search, officers found a loaded .44 calibre pistol, more than 50 rounds of ammunition, 171g of methamphetamine in a safe, and a jar containing 29g of cannabis in his bedside drawers.
In Howe’s car was a further 6g of meth, $10,000 in cash, miniature scales and jewellery.
He admitted to officers that the items found belonged to him, and that he knew Simpson.
It was later established that Howe worked with Simpson to manufacture about 2kg of the drug, which he would then transport to Auckland from the eastern Bay of Plenty, or deliver to unidentified purchasers.
In considering his sentence, Justice Moore said Howe’s offending fell into the highest band of offending as he was involved in the production of more than 2kg of the drug.
“Quantity is an important measure of culpability because it is an indicator of commerciality and subsequent harm to the community. However, it is not the sole determining consideration,” Moore said in his written sentencing notes.
Jensen told the court that while the Crown accepted Howe’s culpability was lower than Simpson, Howe was still complicit in the management of the operation, which resulted in a financial reward.
Howe’s lawyer Jasper Rhodes disputed that, saying there was no evidence of how much money his client received, and his role was operational - not managerial.
Justice Moore concluded, “In my view, your role was a significant operational, rather than management, role. Assisting in the manufacture of methamphetamine is obviously integral to any methamphetamine manufacturing and distribution network as is possessing and distributing it.”
Justice Moore began with an 11-year sentence starting point, uplifted to 12 years due to Howe’s unlawful possession of a firearm. He received a 15 per cent discount for his guilty plea, which came just days before his scheduled trial.
Rhodes also sought a discount on the basis that Howe’s offending was driven by drug addiction, with the court hearing Howe first developed addiction problems at age 20. He was granted a 5 per cent discount.
Howe was also granted a further 10 per cent discount for remorse and rehabilitation after he spent most of November in a residential rehab facility.
Another 5 per cent discount was granted for his previous good character, with his rap sheet detailing just one prior conviction - a breach of a liquor ban at age 20 which Justice Moore labelled “particularly minor”.
That brought the total discounts to 35 per cent - as well as a 14-month sentence reduction due to the time Howe spent on electronically-monitored bail. He was sentenced to a total of six years and seven months’ imprisonment.