KEY POINTS:
A Nelson man has been jailed after being caught running a sophisticated cannabis growing operation but was spared having to forfeit his property.
In the High Court at Wellington today, Kelvin Russell Proctor, 49, was sentenced on two charges of cultivating cannabis and one of illegally possessing a pistol.
The court was told police raided his Nelson property in August last year and found two separate growing areas, one of which had six cannabis plants about 30cm tall.
The growing areas included a concrete tank with fans and lights installed, and an outside room with hydroponic growing equipment inside but no plants.
While searching Proctor's house and property they also found a loaded .22 calibre rifle that had been fashioned into a pistol next to his bed, and the remains of harvested cannabis plants in a compost heap. There was also a security camera on the property.
The Crown argued there was a commercial element in the growing operation and said the seriousness of the crime warranted a Crown-enforced forfeiture of Proctor's property.
Justice Forrest Miller said there was not enough evidence to establish that the operation was a commercial venture but that the seriousness of the crime had been significantly elevated by the discovery of the pistol.
Defence lawyer Brett Daniell-Smith said Proctor had no previous convictions for drugs or violence offences and the pistol was used to shoot at wildlife rather than for any malicious intent.
Justice Miller decided against ordering for the forfeiture of the property, in which Proctor was estimated to have a personal stake worth between $150,000 and $200,000.
He said the magnitude of the crime did not warrant such action and Proctor was likely to have great difficulty ability re-establishing his life after losing his property.
Miller, however, refused Proctor leave to apply for home detention after sentencing him to 13 months in jail.
He was given nine months for the two cannabis charges and a cumulative four months on the firearm charge.
While Proctor did not have previous violence or drug convictions he had several drink-driving and dishonesty offences dating back to the 1970s.
- NZPA
