Jail avoided for meth charges due to time already served

A man who admitted to possessing equipment to manufacture methamphetamine will not be jailed after his sentence amounted to time already served.

Joshua John Farrell (35) appeared before Judge Raoul Neave in the Invercargill District Court for sentence on seven charges of possessing equipment with the intent to manufacture methamphetamine, three charges of possessing a precursor substance, possessing utensils and three charges of failing to comply with obligations.

The charges related to offending which Farrell admitted took place between July 2020 and November 2021.

The summary of facts said police were alerted to Farrell after his associate was investigated for a fraud matter.

The associate was linked to an Auckland apartment at which Farrell had been staying.

When police executed a search warrant on July 27, 2020 they found a disassembled clandestine methamphetamine laboratory.

It was while Farrell was on bail for those charges on

August 1, 2021 that more equipment to manufacture methamphetamine was found by a member of the public just off a walking track in Arrowtown, Judge Neave said.

The summary said Farrell’s right hand palm print was found on the equipment.

Defence counsel Michael Walker said Farrell had been remanded in custody since November 4 last year and been remanded on electronic bail three months prior to that, meaning he had already served time equivalent to sentences submitted by both defence and the Crown.

He had already obtained employment and was well supported by his family.

‘‘He is one of the few that will be able to become a contributing member of society, putting aside his previous criminal history,’’ Mr Walker said.

Judge Neave said although the Crown in its submissions said the offending was premeditated, they also ‘‘properly accepted’’ Farrell’s use of methamphetamine and his addiction were significant drivers of his offending.

He said it was important to note that Farrell was not charged with the actual manufacture of methamphetamine, just charges which were more akin to the preparatory steps of the operation.

Judge Neave sentenced Farrell to 16 months jail, with a one month uplift for the cancellation of outstanding community work, 12 months’ release conditions and ordered him to pay $27,555 in reparation — the amount it cost to decontaminate the Auckland apartment.

He also ordered the destruction of all the equipment seized.

SENTENCES imposed by Judge Raoul Neave yesterday:

Alia JordanLeigh Tuhua (27), of Invercargill, injuring with intent to injure, resisting police, possession of knife in a public place, wilful damage, Invercargill, April 8, 15 months’ jail with leave to apply for home detention, order for destruction of knife.

Tesharna Awhina Pennicott (22), of Invercargill, allowing premises to be used for commission of offences against Misuse of Drugs Act, Invercargill, between April 4 and October 6, 2021, 250 hours’ community work, 9 months’ supervision. — PIJF court reporter Karen Pasco