Published 21 June 2019
Sentencing — drug offending — synthetic cannabis — possession of cannabis for supply — psychoactive substances — forfeiture — firearms — ammunition — sentencing indication — wilful damage electronic monitoring bail bracelet — Henderson v R [2017] NZCA 605 — Commissioner of Police v Skinner [2013] NZHC 2956 — R v Brough [1995] 1 NZLR 419, (1995) 12 CRNZ 634. The defendant appeared for sentence having pleaded guilty to 10 charges. The charges included possession of cannabis for supply, multiple firearms charges, wilful damage (cutting electronic monitoring bracelet), manufacturing psycho-active substances and possession of psycho-active substances with the intent to sell. Search warrants were executed on four properties linked to the defendant. Police found firearms, ammunition, as well as quantities of synthetic cannabis, cannabinoid powder, cannabis, ounce bags containing carbon sifted damiana leaf, scales, a pill press, zip-lock bags and more than $190,000 in cash. The defendant had previously accepted a sentencing indication of 30 months' imprisonment, but made further submissions regarding a potential discount for the forfeiture of the $190,000 (civil forfeiture proceedings had commenced in the High Court which the defendant did not intend to dispute). The Judge considered case law which concluded the general rule for civil forfeiture is that it does not warrant a sentencing discount unless there are exceptional circumstances. The Judge did not view this case as exceptional and did not adjust the sentencing indication. The end sentence was 30 months' imprisonment, with orders to destroy the drug and firearm exhibits. Judgment Date: 7 August 2018.
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