SUPREME COURT Youth imprisoned for smuggling heroin

Press, Volume CXVI, Issue 34119, 3 April 1976, Page 19

SUPREME COURT Youth imprisoned for smuggling heroin

A youth of 19, a first offender, whom a jury recommended should be granted the utmost leniency. was imprisoned for three years by Mr Justice Casey in the Supreme Court yesterday on a charge of importing 4.5 grams of heroin inside magazines posted from Bangkok. The vouth. Brent Atnsley summerton. aged 19. a tannery worker. was found guilty on Tuesday evening by a jury which had deliberated for almost seven hours. Mr G. R. Lascelles, counsel for Summerton. said sesterdav that an appeal would be lodged When making submissions. Mr Lascelles said that a gaol term was not mandatory be- < ause there was no indication that the prisoner intended Io supply the heroin to anvone else. The facts supported the probation officer’s view that the prisoner was a youth of some naivety who had become involved tn events bevond him. He was more of a victim than an innovator, as it appeared that drugs had

been sent to another person in Christchurch at the same time. , The prisoner had no previous conviction and there was no indication that he was likely to become involved in criminal conduct. He worked regularly. He would never again become involved in such an offence. "Anyone of experience in the drug world would not have selected a method such as this to smuggle heroin, as it is well known that mail coming from the Far East is ’ subject to the most rigorous 1 scrutiny." Mr Lascelles said. ! His Honour said that the evidence disclosed that Summerton had imported into ' New Zealand four grams and ■ a half of heroin inside maga--1 zines which had been hollowed out and posted from Bangkok. ■ That heroin, when broken - down, could have made up to 200 capsules and been ’ sold for $BOOO on the illicit ’ street market. In those circumstances. and although he s was impressed by what Mr t Lascelles had submitted, the f only proper sentence he - could impose was one of im- - prisonment. a He took into account the s jury’s very strong recomi mendation for leniency , the

prisoner's youth, and the very capable submissions made by Mr Lascelles, his Honour said, but the only realistic view he could take was that the prisoner did not have the drug simply for ' his own use. “That means that the Court must take into account, as a factor in the sentence it imposes, the proposition that you were prepared to release this consignment of heroin among other yojing people, some from as good families as I your own. with the in--calculable consequences: which could arise." he told .the prisoner. "The maximum sentence lof imprisonment under this Act is 14 years but I certainly do not think that you come anywhere near that' standard." his Honour said. “However, a term of four to. five years would have been appropriate were it not for, your age, background, the fact that you have no other criminal tendencies, and the jurv's recommendation for leniency “The Court would be failing in its duty if it did not impose a substantia) term of imprisonment,” his Honour said.