Westport man convicted of dealing meth avoids prison times

Judge Noel Walsh said Jason Michael Hawes, 29, avoided a prison sentence by the "narrowest of margins". Photo / file

A Westport man has narrowly avoided being sent to prison after he was convicted of dealing methamphetamine.

In Westport District Court yesterday, Judge Noel Walsh said Jason Michael Hawes, 29, avoided a prison sentence by the "narrowest of margins".

Hawes' saving grace was that he had made a concerted effort to clean up his act and break his P addiction, he said.

Hawes was also convicted of two other charges -- unlawfully possessing a firearm and receiving stolen property.

According to the summary of facts, police executed a warrant for Hawes's cellphone in October last year on the suspicion he was using it to deal P. More than 22,000 text messages were examined.

Between April 1 and September 20 last year, a number of the messages sent to the phone were requests for P. There were also messages sent from the phone which offered P to clients or potential clients.

On December 12, police executed a search warrant at Hawes's property. They found a .303 rifle and a locator beacon worth $675. The beacon had been stolen from a fishing boat earlier that year.

The rifle was dangerous as it could be broken down into two pieces and easily concealed, Judge Walsh said.

Hawes has already had a taste of life on the inside. He was remanded in custody after being charged in January. His lawyer, Marcus Zintl successfully sought through the High Court around six weeks later.

Since then Hawes had taken "significant steps" towards rehabilitation and reintegration, Mr Zintl said.

Hawes could now see how evil and destructive P was and his family felt they had their son and brother back, he said.

At the time of his offending, Hawes was in the throes of addiction. He dealt P to support his own habit, not for significant financial gain, Mr Zintl said.

Judge Walsh said P was "a blight on New Zealand society".

The aggravating features of the case were that Hawes' dealing was pre-meditated and sustained over six months. He also had 10 previous convictions for drug-related offences and six for dishonesty/burglary.

Hawes was "boots and all" involved in the drug scene, albeit at a low level, Judge Walsh said.

Mitigating factors were Hawes pleaded guilty, was remorseful and had actively sought rehabilitation, although it was still early days.

From a starting point of two-and-a-half years' imprisonment, Judge Walsh calculated Hawes could receive a two-year sentence, but he decided home detention was more appropriate.

He warned Hawes he would go to prison if he relapsed and went back to dealing P.

"Don't let your support people down."

He convicted Hawes and sentenced him to nine months' home detention with the special condition that he attends a drug addiction treatment programme. During that time he is forbidden to consume alcohol or any drugs not prescribed to him.

As a "deterrent to this sort of offending", Judge Walsh also sentenced Hawes to 300 hours' community work. He also ordered the forfeiture of the rifle.

-Westport News