A drug dealer who had a loaded pump-action shotgun in his family home has failed in his appeal for a shorter sentence.
Philip William Ross, 37, was jailed for two years, seven months when he appeared in the Dunedin District Court last year.
He took the case to the High Court last month and in a recently released decision Justice Cameron Mander disagreed the penalty was manifestly excessive.
On July 6 last year, police executed a search warrant at Ross’ home.
He was expecting unwelcome visitors, but not those in uniform.
Fearing he would be robbed, Ross had stashed a pump-action shotgun with the safety catch off under the couch in his lounge.
There were four cartridges with it and one in the chamber, ready to be fired, the court heard at sentencing.
Other firearm paraphernalia and ammunition were also found at the address where he lived with his partner and two preschool-aged children.
Judge Michael Turner called it "a tragedy waiting ... to happen".
"It is difficult to contemplate a more dangerous situation for the two children in the house."
Officers also found 18 zip-lock bags containing $3600 of methamphetamine.
At appeal, counsel Sarah Saunderson-Warner argued the time added to Ross’ sentence for the weapons offences was excessive.
While the uplift seemed "stern", Justice Mander said it was a significant crime.
"In this case the firearm was loaded and positioned with its safety catch off for the purpose of what was believed could be its imminent use. Beyond the normal concerns arising from firearms and drugs was the fact the firearm was accessible to very young children and, in effect, almost directly ‘in play’ with Mr Ross having acknowledged his intention to use the weapon," he said.
The defendant was classed as a "low-level street dealer" but told Probation he had a constant supply of methamphetamine.
Unlike others in his position, he admitted he was not selling to support his own addiction to the class-A drug.
At sentencing, the court heard Ross blamed the judicial system for his crimes after feeling "forced to abscond" from his Probation officer and the obligations of a previous sentence.
He was supposed to be undertaking community work and supervision at the time.
Ross was convicted of breaching those sentences, possessing meth for supply, possessing a firearm while committing an offence, possessing ammunition and failing to assist police under the Search and Surveillance Act.
