A man sentenced to home detention on a Class A drugs charge had retreated from society through grief over the loss of his marriage and then the death of his son. Photo / 123RF
A man sentenced to home detention on a Class A drugs charge had retreated from society through grief over the loss of his marriage and then the death of his son. Photo / 123RF
Mark Frew’s life was already out of control when his son died.
His father had also recently passed away and his life continued to spiral so he sought comfort from harder drugs to help with the grief.
But eventually the law caught up with him and today the 52-year-old sawmiller was sentenced to 12 months’ home detention for dealing a Class A drug. He was also sentenced on a charge of possession of cannabis for supply, procurement and possession of methamphetamine and possession of utensils for drug use.
Frew was facing time in prison on charges dating back more than two years of possessing and dealing LSD – which he initially denied until the drug was confirmed through testing.
The Nelson District Court heard that the court process had been drawn out through Frew’s apparent lack of motivation to be rehabilitated.
Judge Jo Rielly believed that deep down he could be, but the events of recent years had taken a heavy toll.
“Mr Frew I cannot emphasise how important it is you get on top of this, so you can return to being the person you were,” she said.
Mark Frew was facing time in prison on charges of possessing and dealing LSD – which he initially denied until the drug was confirmed through testing. Photo / 123RF
Frew had already put his business on hold, in anticipation of today’s sentencing, his lawyer Tony Bamford said.
A police search of Frew’s north Nelson home in July 2020 found a black bag containing 200 tabs of LSD in two sheets with a retail value of between $6000 to $8000, plus $4400 cash in $50 notes.
In the side pocket of the duffel bag police found a small set of pocket digital scales.
Another small box containing small amounts of methamphetamine in “gram” bags was also found, plus four snaplock bags containing cannabis head with a total combined value of about $3000.
Three more digital scales plus another set of pocket digital scales and an “anti tracking” GPS monitoring device were also found on shelving in the lounge.
Two cannabis grinders were found on the kitchen bench, plus seven grams of cannabis head next to an empty “ounce”-size ziplock bag.
Three extra-large snaplock plastic bags, each containing about one pound of cannabis plant “leaf” material were found in a freezer in the main living area.
The police summary of facts said this part of the plant was not generally smoked and therefore had much less value, but it was typically used in cannabis preparations.
In relation to the same search warrant, the defendant’s former partner has been convicted on a series of cannabis charges.
Frew’s culpability in relation to what was described as a “sophisticated indoor hydroponic cannabis growing set-up” was limited only to the access he had to it.
Judge Rielly accepted the court process had been protracted, partly because of Frew’s earlier not-guilty plea, and because of a number of adjournments to allow him to engage in the rehabilitation and assessment process.
Bamford said that had been hindered by the level of chaos in Frew’s life, as he tried to seek another adjournment today to allow time to address the impact of recent events.
“The problem we have is that the pathway for rehabilitation has not progressed significantly in terms of addressing his underlying drug issues,” Bamford said.
He said there was a clear link between the breakdown of an important family relationship and his slipping into drug use, compounded by the death of his adult son and a retreat into isolation from what had been a pro-social life.
“He has no real history (in the court) and then suddenly he has ended up facing serious charges as a result of the breakdown in his life.”
The Crown opposed what would have been a third adjournment, and said the plan was spelled out at the second delay.
“At some point, the onus needs to be on Mr Frew to help himself,” Crown prosecutor Abigail Goodison said.
The Crown did, however, accept the various reports so far which showed Frew had endured hard times, including his struggle with grief which would make a prison term difficult.
Goodison said it appeared the drug use Frew had disclosed showed it was not an all-encompassing addiction.
Judge Rielly said the cultural reports had provided a lot of information about Frew, including that his upbringing had been difficult and influenced by “excessive alcohol use” by his parents.
She said Frew had at one stage had a positive relationship with the woman who was now his ex-wife.
“The two of you lived for many years together, you worked hard in a business, you owned your own home and you had children together.”
The relationship ended a few years ago, after which Frew’s life began to “spiral out of control”.
“It’s clear to me that the breakup had a profound effect and led to you becoming somewhat of a hermit.
“Despite that you went on to have another relationship, which sadly, very suddenly ended,” Judge Rielly said.
She said Frew had become increasingly private and mistrustful of others. She said that last year he had lost his father and then learned his son, who was in his mid 20s, had died but Frew had not immediately been told about it.
“I get the impression that in the months that followed you have continued to use substances because of the extraordinary suffering because of grief, but I am pleased to hear that you have engaged in grief counselling which is to your credit.”
Judge Rielly said considering all the information she had, a prison sentence would be too harsh.
Taking credits into account for mitigating factors a potential three-and-a-half-year sentence was reduced to 24 months, which then opened the way to consider an alternative sentence of home detention, of which Frew was given the maximum 12 months with special conditions he attends assessment for addiction and counselling as directed.
