James Duff (left) and Mark Glassie have had their jail terms reduced. Photos / Andrew Warner
James Duff (left) and Mark Glassie have had their jail terms reduced. Photos / Andrew Warner
Two Rebels gang leaders jailed for running a drug-dealing operation that was said to use “Mafia-like tactics” have had their jailed terms reduced.
James Patrick Duff, who was jailed for 15 years, and Mark Glassie, jailed for seven years, have each had 10 months knocked off their end prison sentencesafter arguing in the Court of Appeal in Auckland that their sentences were too long.
The judgment of Justices Forrest Miller, Timothy Brewer and Simon Moore was released yesterday.
Duff was the kingpin of a drug syndicate and Glassie was his second in command.
Duff was said to have “fried the town” he lived in, while Glassie led a double life by ordering “‘Mafia-like” tactics for the gang while also working as a youth worker for an Oranga Tamariki-linked agency, courts heard previously.
James Duff has appealed his 15-year jail term. Photo / Andrew Warner
Their offending involved mainly methamphetamine dealing in the North Island when police busted the operation in October 2019. The area where the men lived cannot be reported for legal reasons.
Both were sentenced in the Rotorua District Court by Judge Greg Hollister-Jones earlier this year.
Duff was arrested after a six-month surveillance operation, which included catching him burying large quantities of money and drugs alongside country roads.
He went on to plead guilty to 31 charges relating to dealing about 3kg of methamphetamine, as well as LSD and ecstasy, and about 10kg of cannabis (22 pounds). His charges also related to participating in an organised group, firearms charges, and offences of trying to interfere with justice.
The appeal judgment said one of the aggravating features was Duff arranged to track down a drug debtor who had bought 1kg of methamphetamine (worth $125,000) but failed to front up and pay.
He demanded his capture and also engaged in a conspiracy to bring about a false arrest by having an associate lay a complaint with police.
Duff’s lawyer, Scott Mccolgan, said his client’s end sentence was too high because Judge Hollister-Jones’ starting point of 22 years was too high and he challenged some of the discounts he was given.
Glassie was jailed for seven years after pleading guilty to 13 charges. These were participating in an organised criminal group, three for supplying methamphetamine, one for offering to supply methamphetamine, one for possession of cannabis for supply, four for charges relating to class B drugs and two for crimes against the justice system.
James Duff and Mark Glassie were leaders of the Rebels gang. Photo / Supplied
His lawyer, Marie Taylor-Cyphers, questioned the judge’s starting point and approach to uplifts in the end sentence.
Court documents revealed Glassie involved youths in his drug dealing and they were taught how to destroy evidence should the police do a bust at his house.
Judge Hollister-Jones said at sentencing earlier this year Glassie was in charge of “serious examples” of “Mafia-like” tactics within the gang.
The appeal judgment said Glassie became responsible for the manhunt of the drug debtor who did not pay for his 1kg of methamphetamine and was responsible for formulating the plan to flush him out.
There were instructions to give him a “boot ride” if caught and Glassie told his wife on the phone if he caught the man he would kill him.
The judgment said if the justices had sentenced Duff, they would have allowed more discount for his rehabilitative efforts and potential.
“He could scarcely have done more to demonstrate it. This court has often made clear that rehabilitative efforts and potential may justify significant discounts.”
The judgment noted Glassie was given 10 per cent discount for similar efforts.
“The effective sentence imposed on Mr Duff was stern, deservedly so. But that does not preclude real credit for genuine and apparently successful rehabilitation. We think his efforts deserve more credit than they received here,” the judgment said.
Mark Glassie has appealed his seven-year jail term. Photo / Andrew Warner
For Glassie, the judgment said his sentence should have been reduced for his two years spent on strict electronic-monitored bail, something which Judge Hollister-Jones did not do because it was his view being on bail allowed him to access rehabilitation so he earned a separate discount for that.
The justices ruled an offender who had made good use of bail by engaging in rehabilitation should not be refused credit for restrictive bail at sentencing.
The judgment said Glassie was confined to his home for a long period and he complied with his conditions throughout.
It was ruled Duff’s sentence of 15 years be quashed and substituted with a sentence of 14 years and two months’ imprisonment and Glassie’s sentence of seven years’ imprisonment was be quashed and substituted with a sentence of six years and two months.
Oranga Tamariki told the Rotorua Daily Post earlier this year in a statement it was not aware Glassie was a gang member as vetting processes were dealt with on a local level by contracted agencies. However, it said it has since tightened its protocols.
