Charge dismissed for man caught sending almost half a kilo of cannabis to parents

A man was referred by the police to Te Pae Oranga Iwi Panel after he was caught sending almost half a kilo of cannabis to his parents in the North Island. Photo / 123RF

Andrew’s* idea of a gift to his parents might have been well-intentioned, but the only trip scored from the almost half a kilo of cannabis he sent by courier was his own ticket to court.

The year’s supply of cannabis, intended for their recreational and medicinal use, was intercepted somewhere along the delivery chain from Nelson to the North Island.

In May this year, he sent by courier the two vacuum-sealed bags of cannabis which in total weighed about 460 grams.

He used an alias to send the package but instead of using his parents’ names, he sent it to their home using the name of his father’s friend – something he’d done a few times before.

This time the parcel went missing, and Andrew got a call from the police soon after.

“The police phoned me early on a Sunday morning and said: ‘We’ve intercepted a package – do you know what it’s about’?

“I said, ‘I do’. There was no point in denying it.”

Andrew is not sure how the parcel was discovered, but it’s possible he was a bit heavy-handed with the essential oil used to help disguise the cannabis aroma in the parcel.

“I might have over-scented it. Maybe they thought it was a bit suspicious, smelling way too much like lavender.”

The police told him later it was possible the courier firm used CCTV footage to trace the parcel back to him.

The courier company he used, Aramex New Zealand told Open Justice it delivers thousands of packages every day to customers across the country and had established several ways to identify suspicious packages, including flagging those that emitted strong or strange smells, such as chemicals designed to mask odours of easily detected scents such as cannabis.

Other tell-tale signs something may be amiss were packages with no return address, excessive packaging tape or string.

“On the rare occasion a package is flagged as suspicious, Aramex takes every precaution to ensure it is thoroughly examined by the authorities, thus removing potential risk or harm to the intended recipient, delivery teams and community,” a spokesperson said.

After the police phoned, Andrew was interviewed and charged with possession of cannabis for supply.

The charge was dismissed after he completed a diversion programme run by Te Pae Oranga Iwi Community Panel.

The iwi panels have been set up as an alternative way for police and iwi/Māori partners to deal with crime and prevent reoffending.

Police say the scheme is available to people of all ethnicities, from all walks of life.

Andrew, who is of Ngāti Porou descent, but admits to identifying more as Pākehā, said it was through his lawyer that the iwi panel was recommended, and the police agreed.

It was possible the courier firm through which a parcel of cannabis was sent used CCTV footage to trace it back to the sender. Photo / NZME

He told Open Justice it’s been an interesting insight into the workings of the judicial system and what he believes is inequity in access to justice, based on his demographic.

He was denied legal aid because of what he earns as an educator and instead spent $1500 on legal guidance.

“I could afford a good lawyer, and I think my background helped, and the fact the cannabis was going to my parents.

“There were a few mitigating circumstances.”

On the same day as Andrew was due to reappear in court this month, just after the charge was dismissed, Joshua Duff was convicted and sentenced to 140 hours’ community work and 12 months supervision on a charge of possessing 58 grams of cannabis for supply.

He was caught on a September evening during a routine police vehicle stop; their suspicions were raised by the strong smell of cannabis wafting from the car he was in.

Police searched the vehicle and found several zip-lock bags in the car and in the glovebox.

The self-employed plasterer told police his reason for having the cannabis was because he “needed to make some money”, while his lawyer’s defence was that “it was not the largest amount ever sold by anyone”.

Andrew says he’s been a regular user of cannabis since he was 16 and insists there’s a need for wider conversations around its use, to prevent harm among young people.

“Because we don’t have a framework to treat it as a health issue, we leave it up to the black market and unscrupulous people to determine how it is distributed.”

Andrew’s case was helped by his clean record and the amount of volunteer work he does in the community, which were also factors in his suitability for the Iwi Community Panel, which uses tikanga and kaupapa Māori and restorative justice practices.

The panel overseeing Andrew’s case included the police and two local kaumātua.

“It was pretty straightforward.

“It took about 45 minutes; the police interviewed me, they looked at my lack of police record and my involvement in volunteer work in the community.

“They (the panel) were almost apologetic I was having to go through the process.”

Andrew says one of the conditions imposed included that he donate to a charity.

He says he offered to pay $1000 to a local charity that provides food parcels for families, but the panel set the figure at $500.

“I should be doing that anyway, so I just paid it.

“I also had to write an apology letter to the police, which was fine - I just said I was sorry for wasting their time.”

The apology he was instructed to write to the courier company wasn’t quite so easy, he says.

“It was just so … not genuine.”

Andrew says he won’t be posting any more cannabis.

“I’ve already suggested to my parents they should now get their cannabis on prescription.”

*Andrew is not his real name but has been used to protect his identity in accordance with the Diversion process.