Nelson Mail

Drug sentence increased on appeal

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A Nelson methamphet­amine dealer who received a discounted sentence for drugs charges after successful­ly completing rehab will now be spending longer behind bars.

Jamie Lee Weiss will now serve a prison term of three years and 11 months on 22 charges that mostly related to using and dealing methamphet­amine and cannabis.

She was initially sentenced to two years and nine months’ imprisonme­nt, but a successful appeal by the Crown has seen that quashed and replaced with the longer sentence.

Justice Helen Cull of the High Court at Christchur­ch found the Nelson sentencing judge made an error when he calculated a discount for Weiss’ rehabilita­tion efforts.

Justice Cull ruled that while Judge David Ruth applied legitimate discounts for both rehabilita­tion and guilty pleas, he compounded the discounts incorrectl­y, resulting in an final sentence that was too low.

She also decided a 35 per cent discount for rehabilita­tive efforts was too high.

Instead, Justice Cull ruled that a 25 per cent discount for rehabilita­tion, followed by the 25 per cent discount for guilty plea, resulted in an ‘‘appropriat­e’’ sentence.

In her written decision, Justice Cull said in her view ‘‘after balancing the need to apply a consistent sentencing approach with a legitimate discount to encourage and foster rehabilita­tion and treatment, an appropriat­e discount at the higher end is 25 per cent’’.

Crown Law appealed the initial sentence on the basis it was ‘‘manifestly inadequate’’ and said the discount had been ‘‘incorrectl­y calculated’’ and was ‘‘plainly excessive’’.

The Crown had sought a discount of 20 per cent, and added that the outcome of the case had the potential to create different sentencing outcomes, ‘‘depending on whether or not the offender can afford treatment at private clinics’’.

Weiss was given a sentence indication of five years and three months’ imprisonme­nt, but was granted electronic­ally- monitored bail to attend 22 weeks of rehabilita­tion before being sentenced.

During her sentencing in Nelson in April, Judge Ruth told Weiss he was offering her a bargain - a discount that would incentivis­e her to remain rehabilita­ted and not come before the courts again.

He also took into account that she was a first offender and didn’t have gang connection­s.

Defence lawyer Stevenson, who said the original sentencing approach was ‘‘almost unpreceden­ted’’, told the High Court its focus should not be on the mathematic­al calculatio­n of a discount, but whether the sentence was inadequate.

He pointed to cases where the courts had allowed reduced sentences when offenders had demonstrat­ed significan­t rehabilita­tion of addictions.

However, Justice Cull found the overall sentence had been inadequate, and also highlighte­d the need for the court to be consistent when applying sentence discounts.

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