July 21, 2009
Date-rape drug importation brings jail term
Importing class B drugs — ones with a date-rape reputation — over the Internet has brought a three-year four-month jail sentence for 22-year-old Kane Michael Barker.
He was still a teenager when he arranged 17 drug importations on-line from companies in Hong Kong and Germany, and brought into New Zealand two substances that have become known as date rape drugs.
The crown has accepted that there is no evidence Barker was using the 1,4 butanediol and gamma butyrolacetone — also known as GBL — for spiking drinks.
The drugs both convert rapidly into the drug GHB once they have been ingested.
But crown prosecutor Anna MacGougan said: “In my submission this particular drug is sinister. It is a harmful drug. It is a drug that is used to spike young women’s drinks in bars and could lead to predatory sexual behaviour.”
She argued that Barker should not be allowed to serve his time on home detention because the sentence was inappropriate.
She said his drug paraphernalia and propaganda had been found when a search was conducted at his father’s house — the suggested residence for home detention.
Defence counsel Rupert Glover said Barker had found the drug supply on the Internet and realised it was a relatively simple thing to import it. He made no effort to disguise his identity, and he used his credit card to pay for it. The deliveries were made to his father’s post office box.
The crown accepted the drugs were for his own use and there was no commercial element. “He was just messing around with these things for his own experimentation and amusement,” Mr Glover said.
Barker now realised his past behaviour was below standard, and had worked to improve his position. He had now qualified as a chef.
Judge Michael Crosbie said the drugs had cost Barker $2747 to bring in, and had a street value of between $16,000 and $32,000.
“It is increasingly common for the courts to be sentencing young people who import drugs either the way you did, or they are silly enough to go on overseas trips, find something they like, and send it home wrapped in toys or something.
“These acts, which Mr Glover describes as naïve, carry significant penalties. The maximum penalties are there to send a strong indication that those who import drugs of this type can expect to be dealt with severely.”
For importing class B drugs, the maximum penalty is 14 years imprisonment.
He noted that Barker had a solid list of previous convictions but had never been to jail before.
He reduced Barker’s prison sentence because he had acknowledged his responsibility and co-operated with the police, but it was not reduced to a level where home detention could be considered.