Woman acquitted of importing tear gas

Press, 5 March 1987, Page 6

Woman acquitted of importing tear gas

PA Auckland A businesswoman who illegally imported cans of tear gas to be used as self-defence aids was yesterday discharged without conviction on three charges to which she had pleaded guilty. Barbara Jacqueline Henri, aged 49, of Glendowie, pleaded guilty in the District Court at Auckland to importing, possessing and selling a restricted weapon, namely Silencer tear gas canisters.

Mr Aaron Perins, for the Crown, told the Court now Mrs Henri had formed a business association in late 1985 and obtained distribution rights for Silencer tear gas canisters, used to repel attackers. • He said that in late

January last year Mrs Henri and her business partner had approached the Auckland police to determine the legality of the product. But a month later they were advised by the Assistant Commissioner of Police that the spray was a restricted weapon.

Soon afterward, Mrs Henri’s business partnership dissolved and she proceeded alone with the importation of 1000 cans of Silencer.

On April 29, when spoken to by the police, Mrs Henri admitted importing the canisters and not being a licensed arms dealer.

Defence counsel, Mr Geoff Wells, told the Court his client had sought legal advice from law firms before

ordering the Silencer. The lawyers told Mrs Henri that under the Crimes Act the canisters were not offensive weapons, said Mr Wells, but they had not referred to the Arms Act, where the cans were deemed restricted weapons, because of the tear gas content

Mr Wells said Mrs Henri had been prompted to import the cans through a personal experience, from which she still suffered physically. Judge Deobhakta agreed that there had been nothing sinister in the importation of the Silencer canisters. In view of the circumstances, it was proper to discharge Mrs Henri without conviction, as there had been no criminality involved, he said.