R v G HC Napier CRI 2009-020-4289

[2010] NZHC 97

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CRI 2009-020-4289

THE QUEEN

v

G

Hearing:         3 February 2010

Counsel:         N M Graham for Crown

R B Philip for Accused

Sentence:       3 February 2010

SENTENCE OF SIMON FRANCE J

[1]      Mr G   is charged with selling cannabis.   There were two sales, one for

$40 and one for $20.  Mr G   has previous convictions; in 2001 dealing cannabis which led to a periodic detention sentence and in 2006 cultivating cannabis which was met with 100 hours community service.

[2]      Mr G   is in the advanced stages of kidney failure.   In December of last year he had a heart attack as a consequence.   He is on a sickness benefit.   The prognosis for him to live till 2011 is low as matters currently stand.

[3]      If, Mr G  , you offend again in a way that would usually be met with imprisonment there is a real risk that you will spend much of your last days in

R V G HC NAP CRI 2009-020-4289  3 February 2010

prison.  However, I give you now an opportunity not to waste that time.  You are

convicted and discharged without penalty.

Solicitors:

Simon France J

R J Collins, Elvidge & Partners, PO Box 609, Napier, email:  [email protected]

R B Philip, Bate Hallett, PO Box 749, Hastings, email: [email protected]