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Cannabis Growes Avoid Jail


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Three men who grew cannabis worth an estimated $300,000 in the Kahurangi National Park had to walk for hours to tend to their crop after the helicopter they used to access it crashed.

 

Aaron Riordan, 41, and Charles Michael Baird, 42, of Takaka, were given home detention sentences in the High Court at Nelson yesterday.

 

Twenty people, friends and family of the men, were sitting in the courtroom gallery and clapped when the Justice Jill Mallon said she would sentence the men to home detention not to prison sentences.

 

Baird and Riordan, who had earlier admitted cultivating cannabis and possessing the drug for supply, were jointly charged with a third Takaka man, who is to be sentenced in Wellington at a later date.

 

The plot was found this year by police as part of its yearly aerial cannabis operation.

 

The court heard the three men made several visits to a plot in dense bush in an isolated part of the national park.

 

They initially travelled by helicopter, which was owned by the third man. Baird paid the third man $18,000 to use the helicopter – money which he borrowed from his sister.

 

They first went to the site in October last year, making three visits to prepare the land, plant their cannabis crop and tend it.

 

In December 2009, the helicopter owner crashed his helicopter and the trio were forced to trek into the bush a further three times to check on their crop in April.

 

On April 21, when they walked in to check their plants, police were waiting for them and they were arrested.

 

Justice Mallon said police found 293 cannabis plants at the site as well as gardening equipment and fertiliser. Police estimated the crop to have a value of $300,000.

 

Nine hundred grams of cannabis was also found at Riordan's address.

 

Justice Mallon said the men were equally culpable and the only sophisticated part of the offending was the remote location which required the use of the helicopter.

 

She said there was no evidence to suggest any sales occurred from the crop, or that the men profited from the venture.

 

Baird has a six-year-old son whom he has cared for since his wife died five years ago.

 

He had told police that financial pressure, including having a house to be sold in a mortgagee sale, was behind his offending.

 

Baird had undergone counselling since his offending which had focused on grief issues and making life plans.

 

He had no previous convictions and could better serve his son by being sentenced to home detention sentence of 11 months.

 

Justice Mallon said Baird had already spent two months in custody on remand.

 

Riordan had left school at a young age and had been on a sickness benefit for back pain as a result of a car accident and sports injury. He was a heavy user of cannabis for pain relief, but had kicked an alcohol problem in 1998.

 

Prior to his arrest he had lived in the bush in a hut accessed by a 20-minute walk. An elderly neighbouring widow stated that Riordan was kind and courteous and had helped her out.

 

Unlike Baird, Riordan had previous convictions.

 

Justice Mallon said Riordan could make a better contribution to the community on a home-based sentence and if he addressed his cannabis dependency.

 

She sentenced him to 10 months home detention, taking into account the time he had already spent in custody, and also imposed 150 hours of community work.

 

Date: 18 Auggust 2010

Source: The Nelson Mail and press.co.nz

http://www.stuff.co.nz/the-press/news/sout...wers-avoid-jail

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