R v Askin

Daniel Alexander Askin was sentenced in the High Court of New Zealand, Nelson Registry, on charges of possession of cannabis for sale, and unlawful possession of firearms and explosives. During a police search, officers found cannabis and ammunition in Askin's vehicle, leading to a further search of his home where more cannabis and firearms were found. Askin admitted to growing cannabis for sale and claimed the firearms were for hunting. The court considered Askin's personal circumstances, including his employment history and support from family, and assessed his risk of reoffending as low.

The court had to determine the appropriate starting point for sentencing, considering the nature of the offences and Askin's personal circumstances. The court adopted a starting point of two and a half years for the cannabis offences, uplifted by six months due to the firearms charges, resulting in a total starting point of three years. The court also considered mitigating factors such as Askin's age, lack of previous convictions, and good character, reducing the sentence by four months for age and character, and by eight months for his early guilty plea.

Ultimately, the court decided on a sentence of home detention for twelve months, starting on 1 August 2012. This decision was based on the belief that a non-custodial sentence would better serve the purposes of rehabilitation and deterrence, despite the offences occurring at Askin's home. The court also ordered the destruction of the cannabis, materials, firearms, and ammunition, and set standard post-release conditions for six months. The bail conditions were adjusted to reflect the commencement date of the home detention sentence.