R v Mains

Case [2015] NZHC 2750


IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI-2012-025-2416 [2015] NZHC 2750

THE QUEEN

v

MAXWELL JOHNS MAINS

Hearing: 5 November 2015

Appearances:

EG Higbee for the Crown
CR Ruane for Mr Mains

Judgment:

5 November 2015

SENTENCING REMARKS OF MANDER J

[1]      Maxwell  Mains  you  are  for  sentence  this  morning  on  two  charges  of possessing cannabis for the purpose of sale, and two charges of selling cannabis. In respect of three of those charges,  you have been  indicted together with your co-offender, Mr Brian McCarthy.

[2]      The offending was detected as a result of a Police operation targeting the large scale cultivation of cannabis in Western Southland. Your offending involves the commercial distribution of cannabis which resulted from this cultivation in respect of which Mr McCarthy was a, if not, the, central figure. The four charges concern the

2012 growing season and each relates to your involvement in either the sale of cannabis or your joint possession of large amounts of cannabis for sale.

[3]      There has been a contest between the Crown  and  yourself regarding the circumstances relating to two of the charges. However, as I have indicated to counsel

R v MAINS [2015] NZHC 2750 [5 November 2015]

this  morning,  given  my  approach  to  your  involvement  I do  not  consider  those differences to be particularly material, nor do I consider them significant in setting the appropriate sentence for your offending.

[4]      It is first necessary for me to set out the individual circumstances of the particular charges to which you have pleaded, although, it is the overall effect of those circumstances reflective of your involvement in this cannabis operation which, in my view, is most important to the approach to be taken in sentencing you.

[5]      On 28 May 2012 when the police terminated its operation, they found very large quantities of cannabis that had been processed and stored on council owned scrub land adjacent to an associate’s address in Queenstown. An area on that land had been cleared for the purpose of drying and processing cannabis. There were a series of tunnel type tracks in the scrub that led to another area that had been used to manicure and package cannabis into one pound bags. In that area, police located two large plastic bins that contained equipment used to process and manicure cannabis, including electronic scales.

[6]      The police located five large plastic bins that contained 16 one pound bags of cannabis, and 37 pounds of loose cannabis. In total, 53 pounds of dried premium grade cannabis head was located and recovered. The value of this cannabis can conservatively be estimated as worth some $170,000.00 if sold by the pound, and if broken down into retail amounts, considerably more.

[7]      In jointly possessing this cannabis, either as a principal or as a party, you were in league with Mr Brian McCarthy who, over a number of years has been involved in the cultivation, harvesting and distribution of cannabis. He undoubtedly was the central figure in…

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R v Mains [2015] NZHC 2750
Case
[2015] NZHC 2750
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CaseChat Overview and Summary

Maxwell Johns Mains was sentenced for two charges of possessing cannabis for the purpose of sale, and two charges of selling cannabis. The charges stem from a police operation targeting large-scale cannabis cultivation in Western Southland. Mains assisted Brian McCarthy, the central figure in the wider cannabis operation, in harvesting and distributing cannabis. The court considered Mains' involvement in the large-scale commercial cannabis operation, where he played an active part in processing, packaging, and distributing cannabis. The court accepted that Mains' role was secondary to McCarthy's but still significant, falling under Category 3 of Terewi for large-scale commercial cannabis offending. The court determined a starting point of three years and nine months' imprisonment for Mains, adjusting for his lesser role in the operation. The court granted a two-month credit for personal mitigating factors and an additional one-month credit for Mains' guilty plea, resulting in a final sentence of three years and six months imprisonment to be served concurrently.

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