A man who was acquitted at trial of importing class A drugs into New Zealand over the “darkweb” last month has now been granted home detention on other drugs charges.
Kyle Nathan Smith, 45, had been found guilty at the trial on one drug possession charge, and he had admitted two other charges before trial.
Customs alleged at trial that they had intercepted drugs packages that they believed Smith must have ordered online on the “darkweb” but the jury accepted Smith’s claim that someone else must have ordered them using his computer in a shared household.
He was found not guilty of five charges of importing heroin, methamphetamine, and MDMA – usually known as ecstasy – but convicted of possession of some methamphetamine found in his room.
Smith received a three month home detention sentence for possession of the methamphetamine, possession of cannabis, and cultivating cannabis.
Defence counsel Andrew McKenzie said Smith was found guilty of the possession of methamphetamine at trial, but said it belonged to a former flatmate.
Christchurch District Court Judge Brian Callaghan said Smith had a continual involvement in drugs. He had been in prison for importing drugs in 2011, and in 2014 served a sentence for cultivating cannabis and possession of methamphetamine.
He said Smith was a repeat offender who had not learnt his lesson from other sentences imposed.
Smith had a relatively sophisticated set up. Police found 27 plants, 0.8g of dried cannabis, and 0.2g of methamphetamine at his home, he said.
Judge Callaghan said there had been no bail breaches over the year he had been on bail waiting for trial, and imposed the three months’ home detention with post-detention conditions for six months.