Man jailed for possession of meth and date rape drug

An addict already on sentence for methamphetamine dealing has been jailed after he was caught with 54 grams of the drug and four bottles of “rinse”.

Benjamin Marc Imlach was in the throes of setting up his drug-dealing operation when police searched his vehicle in Levin on January 30 last year.

The Palmerston North District Court heard yesterday that he had recently finished a sentence of electronically-monitored bail, but was still on post-detention conditions.

Ignoring these, he arranged to meet an associate, who Judge Lance Rowe described as Imlach’s street-level dealer. The man owed money from previous deals and paid Imlach part of that debt, but there was also $4550 found in Imlach’s glovebox.

When police found the two men at 11.20pm, both in separate vehicles, they discovered the meth, cash, 13g of cannabis, a meth pipe and bottles of gamma-hydroxybutyrate – or GHB, a popular date-rape drug.

Rowe said Imlach denied the cash was from dealing, and the man he met never received any of the drugs.

That man had wanted to break down the meth and sell it in smaller quantities to people in the community.

He said this showed Imlach was the middle man with connections to wholesale suppliers.

Selling fantasy, or GHB, also showed a “commercial versatility” in having other types of drugs available.

Imlach was motivated by his own addiction and making a profit, and had extensive history for drug offending.

This included in 2020 when he was sentenced for possessing MDMA and firearms, and again in 2022 for possessing meth for supply, and having guns.

Those sentencing judges allowed him credit for his addictions, but Rowe said this had not led to change.

Instead, Imlach had carried on, “ensuring” there were more addicts and more harm in the community.

Rowe also referred to a cultural report before the court, which he said revealed distressing details about Imlach’s childhood. His father was in jail and he witnessed drug abuse and dysfunction between his parents.

He began taking drugs at an early age and developed his own addiction. “The issues raised in the cultural report undoubtedly qualify as deprivation ... you deserved better.”

But he needed to address those issues behind his addiction. “I have no doubt you’re a drug addict,” the judge said.

From a starting point of four years, Rowe allowed a nine-month discount for Imlach’s background and guilty pleas, but added an additional six months for previous offending. This reduced the sentence to three years in prison.

The judge refused to apply discounts for remorse or Imlach’s willingness to address his addiction. He said for more than eight years, Imlach had been willing to “deliver this harm to our communities and families”.

“While you express a desire to stop you have returned repeatedly to offend.

“What is really happening ... when feeding your own addiction, but also selling drugs for profit ... you prey on addicts to feed your addictions and provide your income, just as drug dealers have preyed on you.”

If Imlach offended again in this way, a judge would regard it as a mitigating factor and increase any sentence “not in months, but in years”.

“You’re at a tipping point, Mr Imlach. Meth causes huge harm to families in our communities, it destroys the lives of children. Someone has to put a stop to this ... and, on a personal level, it has to be you.”

Rowe ordered the forfeiture of $770, but $4550 was returned to Imlach’s mother after she provided evidence she had lent that money to her son.