Two brothers have been sentenced to supervision, with conditions, after admitting a range of drug and shoplifting charges, stemming from offending in Queenstown earlier this year.
Nathan Donovan, 30, formerly of Arrowtown, admitted a representative charge of offering to sell class C-controlled cannabis, between February 15 and March 27, possession of cannabis plant and a pipe and unlawful possession of a non-prohibited firearm, which had no bolt, all on April 6 in Arrowtown.
Additionally, he admitted stealing groceries valued at $54.20 from New World in Queenstown on April 13, and stealing $88.55 of groceries from Pak’nSave in Queenstown between April 13 and 16.
He was jointly charged on the latter two with his brother, Jack Mitchell Donovan, 24, who was also charged with offering to sell cannabis between February 23 and March 28, in Queenstown.
In the Queenstown District Court last week, before Judge Michelle Duggan, Nathan Donovan’s counsel, Annaliese Carlaw, submitted her client’s personal circumstances at the time of the offending were the catalyst — he had admitted the offending at an early stage, had a lack of relevant prior history, had made a voluntary payment to a Milton-based charity and was genuinely remorseful.
"He instructs he’s very, very sorry," Ms Carlaw said.
Judge Duggan followed a pre-sentence report recommendation in sentencing, but noted the cannabis charge, relating to offering to sell three bags, was "serious".
"The most important thing is to try and give you some assistance for drug use, because if it’s your use of drugs that has created this situation, then you don’t want to risk it happening again, because if you come back to court on these sort of charges in the future, the sentence ... gets more serious."
He was sentenced to 12 months’ supervision, with conditions, and 150 hours’ community work.
An order for destruction of the firearm and cannabis was also made.
Meanwhile, Bryony Shackell, representing Jack Donovan, who had also moved from the area, sought a discharge without conviction for her client.
He had no prior history, had entered early guilty pleas, fully co-operated with police and had repaid his share of the groceries stolen in full.
In respect of the cannabis charge, involving 10-15 grams, Ms Shackell said there was arguably "no commercial aspect whatsoever".
"He was simply the middle man who didn’t handle any money, and never expected to handle any money."
Judge Duggan agreed with Ms Shackell it was at the lower end of seriousness for that type of offending. However, selling or supplying the drug was "an inherently serious offence".
Possible consequences of a conviction included a potential barrier to obtaining employment and mental health impacts. But Judge Duggan said she was not convinced those outweighed the seriousness of the offending.
On the shoplifting charges, Jack Donovan was convicted and discharged, and on the cannabis charge he was sentenced to 12 months’ supervision, with conditions.
— Court reporter
