Courts go easy in drug cases

A record number of drug offenders were let off last year in what appears to be a move towards leniency for cannabis use and possession.

Statistics New Zealand figures show that 2309 people prosecuted for drug offences were given diversion or discharged without conviction, 466 more than in the previous year.

And the number of people being let off has steadily increased over the past five years.

Legal experts believe the increase is due to greater leniency towards Class B drug offenders because the punishment of conviction does not match the relatively minor nature of the crime.

Many first-time cannabis offenders are able to get off a conviction because it would otherwise mean they are unable to travel overseas, particularly to countries such as the United States.

Otago University law professor Mark Henaghan said the restriction was disproportionate to the offence of either cannabis use or possession.

"For travel reasons they [the courts] have tended to use the discharge," Henaghan said. "It's a way of saying you got it awfully wrong but the consequences of a conviction will outweigh the severity of the offence.

"I think it's a good thing, really.

"Once people have gone before the courts, it's quite a scary thing. People getting caught could think, shoot, that could have been a lot worse. For the average citizen that should be enough."

Last month, West Auckland man Stephen Vela, 22, was discharged without conviction on a charge of possession of cannabis for supply.

Vela argued that while he had been caught with just over 30g of the drug, which he would occasionally give to friends in exchange for alcohol or small amounts of cash, a conviction would prevent him from being able to move to the US to live with his father.

The judges said the offending "did not involve any significant commerciality" and the consequences of the conviction needed to be balanced with the offence.

"We accept that the inability to travel to America and thereby live with his father is a heavy burden," the judgment stated. Vela was ordered to pay $1000.

Henaghan said another reason for the rise in discharges could be increased tolerance to cannabis because there were "worse" drugs out there.

"Years ago these offences were treated quite seriously. But I think drugs fall into context. P is the bad one these days."

Police declined to comment on the judicial decisions.