No jail as time served on drugs charges

A man who admitted possessing equipment to manufacture methamphetamine has walked away from prison after his sentence amounted to time already served.

Joshua John Farrell (35) appeared before Judge Raoul Neave in the Invercargill District Court for sentencing today on seven charges of possessing equipment with the intent to manufacture methamphetamine, three charges of possessing a precursor substance, possessing utensils and three counts of failing to comply with obligations.

The charges related to offending which Farrell admitted took place between July 2020 and November 2021 in Auckland, Edendale and Queenstown.

The summary of facts says police were alerted to Farrell after his associate was investigated for fraud. The associate was linked to an Auckland apartment at which Farrell had been staying.

When police executed a search warrant on July 27, 2020 at the property, they found a disassembled clandestine methamphetamine laboratory.

On August 1 in 2020, while Farrell was on bail for those charges, more equipment to manufacture the drug was found by a member of the public just off a walking track in Arrowtown, Judge Neave said.

The summary says Farrell’s right hand palm print was found on the equipment.

Defence counsel Michael Walker said Farrell had already obtained employment and was well supported by his family.

“He is one of the few that will be able to become a contributing member of society, putting aside his previous criminal history.”

He had been remanded in custody since November 4 last year and been remanded on electronic bail  three months prior to that, meaning he had already served time equivalent to sentences submitted by the defence and Crown.

Judge Neave said although the Crown in its submissions said the offending was pre-meditated, they also “properly accepted” Farrell’s use of methamphetamine and his addiction were significant drivers of his offending.

He said it was important to note that Farrell was not charged with the actual manufacture of methamphetamine, just charges which were more akin to the preparatory steps of the operation.

Judge Neave sentenced Farrell to 16 months' jail, with a one-month uplift for the cancellation of community work, 12 months’ release conditions and ordered him to pay $27,555 in reparation - the amount it cost to decontaminate the Auckland apartment.

He also ordered the destruction of all equipment seized.

karen.pasco@odt.co.nz

 

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