October 26, 2011

Home detention drug offender goes to jail

By Anne Clarkson at the Rangiora Court House

A 21-year-old who said he was proud he had not been caught offending earlier while on home detention, was sentenced to 15 months prison in the Christchurch District Court today.

James Robert Burnside was growing cannabis plants at his house, and invited his friends around for a dope party, but police turned up looking for a missing girl.

Among items found were an ice-cream container and a soft drink bottle containing cannabis, spotting knives for using cannabis oil, and 17 plants found in the garage and in a growing room set up with heat lamps.

Judge Alistair Garland said they also found a .303 rifle with a loaded magazine attached. He said that the fact that Burnside possessed the firearm in that condition, where he was cultivating cannabis plants, meant to him that it was there for a criminal purpose.

Burnside was appearing for sentence at the Rangiora Court House after pleading guilty to charges of possession of gear for using cannabis, possession of the class C drug, cultivating it, unlawful possession of a firearm, and breaching his home detention sentence.

The judge noted that Burnside?s pre-sentence report said he owed $11,000 in fines, and he had a history of breaching his court sentences. He had 17 previous convictions for drugs, driving, dishonesty, and violent offending. It said he had a low motivation to change and was assessed as a high risk re-offender.

Judge Garland said it was Burnside?s fourth breach of a community-based sentence, and he had admitted he had been non-compliant throughout the sentence, and was proud he hadn?t been detected earlier.

Judge Garland cancelled the former sentence of home detention, and ordered the destruction of the firearm and ammunition.

He ordered special conditions for six months after release for Burnside to undertake psychological, alcohol and drug assessments, and to complete counselling and programmes as recommended by his parole officer.