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R v Wisely [2018] NZDC 24426

Published 18 July 2019

Forfeiture — money used for supplying methamphetamine — drugs — supplying methamphetamine — possession — Misuse of Drugs Act 1975, s 32. The defendant had been convicted and sentenced for a raft of drug charges, including supplying methamphetamine. Upon his arrest $25,100 was seized by the police. Under s 32(1) of the Misuse of Drugs Act ("the Act") a person convicted of an offence against the Act must forfeit all articles in their possession that were used in respect of committing the offence. The defendant submitted $21,200 was his money from the sale of two motorcycles, so the money did not meet the requirements for forfeiture. Based on the facts of the case, the Judge declined this argument. The defendant was dealing with large quantities and sales of methamphetamine. It was highly unlikely cash found could attract a legitimate inference of being available for, or derived from, other purposes. The defendant owed money for a shipment of drugs and there was no evidence he had the ability to pay without resorting to the $25,100 found in his possession. The absence of any cogent evidence about number of purchasers, profit, and the utilisation of such profit, led to a strong inference that the money found was available to facilitate the offending, or was received by the defendant in the course of the offending. He was his own banker and had the ability to source the funds found for any purpose. The Judge found that purpose was clearly to facilitate his offending. The entire amount of cash found by police was to be forfeited to the Crown. Judgment Date: 10 December 2018.