The defendant had served a lengthy term of imprisonment in Australia for similar offending before being deported to New Zealand under the controversial “501″ immigration policy.
Counsel Sonia Vidal said her client had “massive anxiety” and turned to this kind of crime for emotional regulation.
She advocated for a sentence of supervision and said that would help him continue on his rehabilitative path.
The court heard the defendant wanted to be able to serve a sentence from his home as he often worked there.
Vidal said Buschl had his methamphetamine use under control.
“You can drug deal from anywhere. The reality is his dealing is driven by his addiction,” she said.
Crown prosecutor Mike Brownlie agreed, saying: “clearly [the offending] was being done to fuel his own habit”.
He accepted the defendant needed a sentence that would help rehabilitate and deter him.
A sentence of supervision would ensure “the wheels don’t come off”, Brownlie said.
The court heard Buschl had funded his own residential rehabilitation in Auckland and was now sober.
Judge Russell Walker took into account the defendant’s addiction and complex background.
“You have had your share of trauma in your life,” he said.
He gave Buschl discounts for his guilty plea and his efforts to kick his addiction.
“You’re making a lot of progress. You don’t want to go backwards.”
He sentenced him to three months’ community detention and 15 months’ intensive supervision to be served at the address where the offending had occurred.
The judge also ordered destruction of the scales, cellphone and SIM cards and forfeiture of $1668.
felicity.dear@odt.co.nz
