Calebh Simpson was sentenced to 12 years' imprisonment for operating a meth lab while on electronically-monitored bail. Photo / Andrew Warner
A convicted drug dealer at the centre of a major methamphetamine operation who stashed $1.5 million in a hydraulic compartment under his bed, has failed to have his prison sentence reduced.
The Court of Appeal declined Calebh Simpson’s appeal against his sentence of 12 years and a minimum non-parole period of five years, saying the sentencing judge’s calculations were correct.
“We consider the discount granted by [Justice Lang] was appropriate and not out of step with the discounts afforded in other cases,” the recent decision said.
Simpson, of Whakatāne, pleaded guilty to a raft of charges brought against him during the police investigation Operation Emoji, including manufacturing and supplying methamphetamine, money laundering and possessing firearms and ammunition unlawfully.
His “right-hand man”, Benjamin David Howe, also lost his bid for appeal against a sentence of six years and seven months imprisonment, with the court stating his sentence and relevant discounts were appropriate and in line with the scale of his involvement.
“In our view, the totality of discounts is clearly in range and should not be disturbed on appeal,” the court said.
Simpson had been bailed to a Whakatāne address after police searched his car the year before, uncovering 293g of meth, $3000 in cash, drug paraphernalia and a military-style firearm with ammunition.
His offending escalated and police searched his home in 2020 as part of Operation Emoji, uncovering cash, jewellery, meth, guns and a clandestine lab set up in the “substantially remodelled” garage he was living in.
Police found nearly 630g of meth - as well as precursor substances and tools for manufacturing the drug - four gold bars, two rings including one valued at $136,000, $64,000 in cash, and firearms.
A valuation certificate was found with the ring purported to be worth $136,000, however police confirmed to NZME the document was not accurate.
It was stated in the decision that upon assessment the meth lab was capable of manufacturing up to 5kg of the drug in a single “cook” and CCTV fitted at the address identified activity had commenced in May 2019, just a month after he was stopped by police in Auckland.
Simpson was arrested but police became aware he was still in control of $1.5m which he had stashed in suitcases in a hydraulic compartment under his bed.
He had asked his dad to uplift the money and arranged for relatives to use the cash to buy a car, clothing and deposit funds into prison accounts in the names of his associates. Legal fees were also paid.
Howe was living with his parents when police raided the family home and his vehicle a few months after raiding Simpson.
Police uncovered around 177g of meth, a loaded .44 calibre pistol, 50 rounds of ammunition, cannabis, $10,000 in cash, scales and jewellery.
He admitted the items were his and he knew Simpson, who he had worked with in manufacturing 2kg of the drug in the Whakatāne lab, later transporting it to Auckland while Simpson was on electronically monitored bail.
Simpson’s lawyer, Phillip Hamlin, argued there was a miscalculation in his client’s sentencing and personal factors, including drug addiction, weren’t given enough weight at the time.
However, the Court of Appeal said his addiction or background did not explain the extent of Simpson’s offending.