A South African man facing a drug charge was declined an application for discharge without conviction by Judge Paul Kellar in Queenstown District Court yesterday.
Gareth Brian Davies (31), who is living in Queenstown and working as a casino croupier, was charged with selling a class C drug (cannabis).
Though he had pleaded guilty, he had sought discharge through his defence counsel, Phena Byrne.
The court heard Davies had on-sold 14 out of 15 bags of cannabis worth $50 each, in Queenstown between November 20, 2009 and December 15, 2009.
Ms Byrne said he was no longer using cannabis, which had been backed up by a drug test.
He was genuinely remorseful and had been co-operating fully with the police.
Ms Byrne said Davies was likely to have to leave the country if convicted, as he had already lost his job due to the case and his work permit was linked to employment in New Zealand.
He was not inclined to return to his native South Africa with his wife and two young children.
As his wife's work permit was based on his permit, she would also be unable to work in New Zealand.
After a lengthy deliberation, Judge Kellar said the consequences of a conviction did not outweigh the offence.
"Drug offences are rife among young foreign nationals in Queenstown, and the harm to the community is evident.
While I accept your offending is at the lower scale of commercial drug dealing, you need to be held accountable," he said.
The judge acknowledged the possible severe consequences, but said the scale of the offence was an important factor.
While he said he knew this could mean Davies and his family would have to leave the country, he indicated it would be up to the family to consider the options available to them.
Davies was convicted and remanded on bail for sentencing on May 10.
