Published 25 June 2024
Sentencing — cultivating cannabis — possession of cannabis for supply — importing cannabis seed — selling cannabis plant — R v Terewi [1999] 3 NZLR 62. Two defendants appeared for sentence on charges of cultivating cannabis, possession of cannabis for supply, importing cannabis seed, and selling cannabis plant. Their home address was searched and 221 cannabis plants were found, together with numerous items used to grow and sell cannabis. The defendants had also ordered cannabis seeds from an overseas supplier, and electronic evidence showed that they had sold cannabis to others in their local area. Court submissions stated that licenced cannabis suppliers were sourcing seeds and plants from illegal operations, and the Court expressed concern that this meant that the government was sanctioning illegal cannabis-growing. The start point for sentence was 36 months' imprisonment, having regard to the size, extent and sophistication of the growing and selling operation. Guilty pleas reduced the sentence to 27 months' imprisonment. The defendants sought home detention. The Court had reservations about imposing such a sentence given the defendants' history of offending from home, and also comments from report writers that the defendants were likely to continue offending. Nevertheless the Court agreed to impose a final sentence of 12 months' home detention, commenting that the sentence would be a test of the defendants' commitment to living a law-abiding lifestyle. Judgment Date: 3 May 2024
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