Drug dealer spared jail sentence

A South Taranaki drug dealer has avoided jail based on his potential to become a positive contributing member of the community, a court has heard.

Nathan Kane appeared in New Plymouth District Court on Friday for sentence on a raft of admitted charges, including supplying methamphetamine, possession of the class A drug, possession of LSD, resisting police and possession of drug utensils.

The charges arose from two incidents.

The first occurred in February last year when police attempted to apprehend Kane, who was speeding in a vehicle and had an active warrant for his arrest. Kane, of Ha¯ wera, resisted police, but once he was in custody his vehicle was searched by officers, who found 21 grams of meth and drug utensils.

While on bail for the offending, police intercepted Kane’s cellphone communications and found he made a number of meth sales over the period of May 31 to June 3.

A search warrant was executed at his home and police found meth, LSD tablets and $6000.

In court, Crown prosecutor Justin Marinovich sought an end sentence of imprisonment, while defence lawyer Julian Hannam argued for home detention.

Kane, who has previously appeared before the court on drugs and weapons charges, showed potential to lead a positive life, Hannam submitted.

He was a talented upholsterer with a strong work ethic, owned a property, is a father-of-four who shared childcare responsibilities, and acknowledged his addictions, Hannam said.

Kane began experimenting with drugs after leaving school and eventually developed a reliance on them.

His dependence intensified as Kane continued to use meth to ensure he could meet the demands of work, and cannabis in order to relax, it was heard.

‘‘It was something of a bad combination that led you inevitably to an association with the criminal world,’’ Judge Gregory Hikaka said, referencing a cooperative arrangement which saw Kane selling meth. Judge Hikaka said offenders facing charges such as Kane could expect a jail sentence of up to four years.

But he was also required to impose the least restrictive sentence appropriate in the circumstances and consider whether there were prospects for an end sentence which would see the individual return to the community in a way that would still meet the purposes and principles of the Sentencing Act.

Kane had demonstrated change was possible based on eight months of electronically monitored bail compliance, Judge Hikaka said.

‘‘I form the view – from your life history, from the reports that have been written about you – that if you can apply some of the energy that is evident in your work ethic to a pro-social activity in the community you’ll be a positive contributing member of the community.’’

Judge Hikaka reached an end sentence of 24 months’ jail, which was converted to 12 months’ home detention.

‘‘I do that because you’d be better as a contributing member of the community, being a responsible father and not a drugaddicted father.’’

The sentence came with a host of special conditions with a particular focus on rehabilitation.

At Friday’s hearing, Judge Hikaka also ordered the destruction of the drugs and utensils, ordered the forfeiture of the cash and remitted Kane’s fines of around $4000.