Tuesday, February 14, 2012

Time in custody lowers sentence

Time spent in custody and on curfew while waiting to be sentenced lowered the final penalty for a Blenheim teenager who supplied cannabis to friends.

Wayne Stretch, 17, was sentenced to 175 hours' community work, 12 months' supervision and ordered to pay reparation when he appeared in the Blenheim District Court yesterday.

He previously admitted 18 charges of offering to supply cannabis, burglary and receiving.

Stretch was originally charged in relation to a spate of car break-ins with stepbrother Ryan Stretch, 19, also know as Ryan Weavers, and other teenagers. Police later withdrew 12 charges of theft and interfering with motor vehicles.

Defence lawyer Nikki Utting said Wayne Stretch was held in custody for about two months, which was the equivalent of a four-month prison sentence.

Once released on bail he was also on a curfew for several months awaiting his sentencing, she said.

Ms Utting said Stretch was the only person among his group of friends who had a fulltime job, money and the means to buy cannabis. He offered the cannabis to his friends.

"That's a criminal offence and that's why he's pleaded guilty."

There was no commercial or large-scale supply of cannabis, she said.

When Stretch did not have enough money to fund his habit, he would resort to other ways of getting money, including two burglaries and selling stolen Xbox games. He made the most of his time in custody and completed NCEA level 3 and also got a forklift licence, a fire safety certificate, a first aid certificate and also completed a level 1 carpentry course, she said.

Ryan Stretch/Weavers had "led him astray" and was serving a 22-month prison term for offences relating to the car break-ins, she said.

Wayne Stretch developed a cannabis habit, which he wanted to address and had not used cannabis since he was released on bail, she said.

Judge Stephen Harrop said Stretch's time in custody would have been a "significant penalty on anyone".

"You went from someone being fined [on previous charges] to being held in custody with much more serious criminals."

The curfew after being released on bail was equivalent to two months' community detention, he said.

Stretch had not breached his bail, which showed he followed rules set by the court and did not want to go back to prison, he said.

"To some extent you've served two sentences already so I can reduce the sentence to reward [your] reaction to being held in custody and being drug-free."

- The Marlborough Express Last updated 13:15 14/02/2012

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