A Northland drug dealer's excuse that more than $3000 in cash police discovered in his house was from legitimate sources, including fitness training and selling puppies, has been rejected by the High Court.
Nathan Ashby, 31, said the $3200 found in a chess board when police raided his home onSeptember 6, 2011 was from fitness training, tattoo work and the sale of pedigree puppies that netted about $1400.
He pleaded guilty in the Whangarei District Court to charges of cultivating cannabis, possessing cannabis for supply, possessing cannabis oil for supply and producing cannabis oil. That court declined jurisdiction and referred the matter to the High Court for sentencing.
Justice Graham Lang sentenced Ashby to three years and six months and ordered the $3200 cash be forfeited to the Crown after ruling the money was from the sale of cannabis.
He said Ashby had the ability to produce cannabis worth between $90,000 and $270,000 a year from his growing operation.
Ashby was living at his Hikurangi home with his wife and two young children when police searched the property and discovered drugs, including 200 cannabis cuttings, 514 seedlings, 34 female clones, 60 female plants, and cannabis oil.
The High Court was required to resolve several disputed issues of fact before sentencing.
They included cash found at Ashby's home, to determine the extent to which he intended to grow the cannabis seedlings and cuttings, and whether he was a wholesaler selling drugs at $200 an ounce, or a retailer obtaining $300 an ounce.
Ashby said he had put the cash, all in $20 bills, in the chess board for safekeeping and at a high place away from his children.
Justice Lang said his explanation about the personal training sessions daily at 4.30am was highly unlikely because being a forestry worker, Ashby was required to work between 6.45am to about 7pm.
"I consider that you would never have been able to maintain that degree of physical activity six days a week."
Crown prosecutor David Stevens submitted it was significant that the $3200 found was exactly the price of a pound of cannabis.
Justice Lang said it was more likely that the money came from sales of smaller amounts such as cannabis tinnies.
"If the cash had been derived from legitimate sources, I consider that it is more likely that it would have been stored in a place that was, if not more open, then closer to hand and more obvious."
