A Queenstown man who supplied an estimated $24,000 of cannabis to associates in the resort town is no "Mr Asia", his lawyer says.
Representing Patrick Sullivan, 34, at his sentencing in the Queenstown District Court this week, counsel Tanya Surrey said the defendant used the drug to cope with his back pain and anxiety, but also supplied it to friends, neighbours and others to "help out people in a similar situation".
"This is not a Mr Asia situation — there was no financial gain."
Judge Russell Walker said the police’s organised crime unit identified Sullivan while investigating another man they suspected of distributing large quantities of cannabis in the Queenstown Lakes and Central Otago area.
Phone analysis showed the Dunedin-based supplier was sending weekly group text messages offering the drug for $400 an ounce, or $250 for a half-ounce, with discounts or free ounces for repeat or bulk buyers. Sullivan was one of his customers, buying more than 1.7kg of the drug over eight months until July 25 last year.
Charged with possessing cannabis for supply, he told police he stopped buying from the distributor after getting a prescription for medicinal marijuana.
Prosecuting Sergeant Ian Collin said the defendant was trying to "play down" his offending, which had involved sending messages and arranging meetings.
"The reality is, it was a commercial situation ... It’s much more serious than giving it to friends and getting money to cover costs."
Judge Walker said 1.7kg was 60 times the amount for which a person was presumed under New Zealand criminal law to be selling the drug.
"You were supplying drugs to others — that’s drug dealing."
Ms Surrey asked that Sullivan be discharged without conviction on the grounds the consequences of a conviction were out of all proportion to the gravity of the offending.
He had no previous convictions, had admitted the charge and had completed 25 hours’ voluntary work for an animal rescue group.
A conviction would jeopardise his employment prospects in his chosen field, which required a manager’s certificate.
It would also cause him "general stigma" and affect his mental health.
Judge Walker refused the application, saying it was not the courts’ role to hide convictions from potential employers or liquor-licensing authorities.
Drug dealing in Queenstown was "rife", and sentencing the defendant to a fine and community work would "send the wrong message".
From a starting point of two years’ imprisonment, he applied discounts for Sullivan’s previous good character and guilty plea to arrive at a term of 14 months.
He commuted that to a final sentence of five months’ community detention and 75 hours’ community work.
