Police v Aislabie

[2012] NZHC 2928

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2012-054-1254 [2012] NZHC 2928

NEW ZEALAND POLICE

v

JASON PATRICK AISLABIE

Counsel:         E Killeen for Crown

M Wilkinson-Smith for Appellant

Sentencing:     6 November 2012

SENTENCING NOTES OF WILLIAMS J

[1]      Jason Aislabie you appear in court today for sentencing on three counts.  The first two (and most serious) are possession of cannabis for supply and selling cannabis, the third (and less serious) a count of wilful damage on 3 July 2012.  You pleaded guilty to all counts.

[2]      I am going to deal with the cannabis offending first and then at the end make some brief comments in relation to the wilful damage count.

[3]      Your home was searched on 23 April 2012 and a deal of cannabis was found there – a 193.5 grams of cannabis head, 22 grams of plant – together the police

assessed their value at $3,600.

NEW ZEALAND POLICE V JASON PATRICK AISLABIE HC PMN CRI-2012-054-1254 [6 November 2012]

[4]      Extensive cultivating equipment was found there Mr Aislabie as you know – an extractor fan, polythene wall lining, plant food, insect spray, bamboo stakes, growing bags and pots, a burner, twist ties, plastic buckets, empty isopropyl alcohol containers and  a tick list book with entries dating back more than a year to 21 March

2011.

[5]      The  amount  of  cannabis  found  was  not  huge  in  comparison  to  other comparable cases but the paraphernalia was relatively extensive and the tick list indicated that you have been engaging in this activity for a good long while.  Your counsel say you were doing this to supplement the loss of income arising from the day you changed from being a welder to being a stay home dad.

[6]      I  assess  overall  this  offending  as  relatively  small  scale  and  within  that relatively small scale commercial operation, mid-range.  My start point therefore is three years’ imprisonment.

[7]      I then have to look at your personal circumstances Mr Aislabie.  You have previous convictions in relation to cannabis including possession and supply charges but they are over a decade ago and in my view there is no justification to uplift that starting point on that basis.  I accept what has been said that that break in offending was intentional and that you were attempting to set yourself on the right track.  You failed of course but the attempt is entitled at least to be treated as if it negatives any uplift.  Having said that, I am not going to make any reduction for your claims that you were only supplying to a small circle and that you were doing it to maintain hearth and home for your child.  It is not that I do not believe those things – I do believe them.  But I am not going to discount them just as I am not going to uplift for your previous offences.

[8]      On the positive side, you appear to be making real and heartening efforts – something that is not always possible to say in this job, I must say Mr Aislabie.  You have been looking for work and as you say that becomes increasingly difficult with your more recent offending on your record.  You have given up smoking cannabis and drinking alcohol.  You have shown remorse for what you have done, and you have  demonstrated  practically  a  desire  to  change.    I  have  been  impressed  by

Mr Goodall’s reference on your behalf – your attendance at recovery church on Tuesday nights  and  regular attendance at  church  on  Sundays.   This  shows  you walking the walk, not just talking the talk.  You will appreciate Mr Aislabie in my job I hear a lot of talk and often do not see much walk at all.

[9]      You are entitled to credit for those things.  You are also of course entitled to credit for your guilty pleas.  Together these produce a reduction overall of 12 months which brings you to two years, and in that respect, the possibility of home detention. It appears your address is appropriate.

[10]     In order for you to maintain your relationship with your son, and in order for you to continue to seek work, I will sentence you therefore to 12 months’ home detention with the special conditions recommended in the pre-sentence report.

[11]     Now in respect of the wilful damage matter, I propose simply to order that you make reparations in the sum of $332.90 to AON Insurance for the purpose of repair of the window you broke but otherwise impose no penalty.

[12]     You will be very happy to know that I am going to order that everything that was taken from you will be destroyed.

[13]     Stand down please.

Williams J