Confiscation of Rodney George Elliot's $485,000 home was punishment enough for his part in an indoor cannabis-growing operation, a High Court judge ruled in Gisborne today.
Elliot, 53, was convicted and sentenced to one year of supervision by Justice Paul Heath, after pleading guilty to cultivating cannabis, possessing cannabis for
supply and three counts of selling, giving or supplying cannabis.
Elliot was arrested during the police drugs bust code-named Operation Rattle and his Wainui home seized under the new forfeiture provisions of the Sentencing Act.
The highest police estimate of cannabis yield from the property was $90,000.
An additional custodial sentence was not necessary and the only other provision needed was around ensuring Elliot continued to deal with his cannabis addiction, the judge said.
"I am satisfied in regard to the forfeiture that no further sentence is required to prevent re-offending," said Justice Heath.
"The only sentence I want to impose is around rehabilitation, perhaps a term of supervision to encourage Mr Elliot to continue his present steps to eliminating his cannabis addiction."
Justice Heath said in repaying around $67,000 to the bank and $20,000 to Elliot's partner, the confiscation represented a fine of about $395,000 under the old sentencing regime.
It was likely that money would also be taken to repay his counsel. Under the new legislation, he could see no basis to justifiably refuse the police application for a forfeiture order.
- NZPA
