Sentence discount keeps drug dealer out of prison

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A full and frank confession on the extent of his drug dealing ironically worked in a man’s favour in Gisborne District Court. It earned him a 20 percent discount at sentence, bringing what might otherwise have been a jail term on to the cusp of the range for home detention. Lawyer Alistair Clarke’s submissions on his behalf secured the electronically-monitored option ahead of imprisonment.

Frederick John Bishop, 29, pleaded guilty to possession of methamphetamine for supply (a charge punishable by up to life imprisonment) and supplying the drug. Judge Warren Cathcart sentenced him to 12 months home detention.

Mr Clarke submitted that while the courts were obliged to deal with drug offending sternly, in Bishop’s case home detention coupled with a hefty work sentence would be appropriate and sufficient denunciation.

The amount of methamphetamine involved was modest, Mr Clarke said. Bishop had previous convictions but could not be described as a habitual criminal. It was the first time he had offended in this way.

Neither did he have an entrenched drug addiction issue. He had simply made a poor decision. Bishop had been at pains to avoid engaging with the gang side of the family, Mr Clarke said.

If imprisoned, Bishop feared he might become immersed in that culture — a concern Judge Cathcart said could not be taken into account. Bishop also had the care of a child, for whom he had made arrangements in case he was jailed.

Judge Cathcart said police caught up with Bishop — as they eventually did with drug dealers — in June last year.

Bishop said that while living with his partner and three young children, he had regularly sold 0.25 gram packages of meth for $250 each, to four or five trusted associates. He continued to supply the drug when he moved to another house. Police searching that property found five of the packages in a chest of drawers and about $1270 in Bishop’s wallet.

The judge set a sentence starting point of three years, four months, reducing the sentence by 20 percent for Bishop’s confession, without which police would not have known the extent of his offending. Bishop received a further 25 percent (eight months) discount for his guilty pleas.

Matters relating to a car, for which Bishop was charged with receiving, were put to one side and would be dealt with another day, the judge said.