A P-cook who lost half his house to the Crown has been returned a quarter of it.
Auckland man Ian Campbell Macpherson was sentenced to nine months home detention for a string of drugs charges in September 2011.
In an unusual twist, described at the time as ''judicial craftsmanship'', he also had half of his home forfeited to the Crown under the Proceeds of Crime Act.
His $780,000 property in Oratia, West Auckland, was ordered sold and the proceeds divided between him and the Crown.
Macpherson appealed his sentence saying having to forfeit half the house was "excessive".
The Court of Appeal agreed in a ruling released yesterday.
Justice Harrison said the methamphetamine might only have been manufactured once, it was non-commercial and Macpherson was a secondary party. His cannabis offending had "an element of commerciality" but it was at the lower end in terms of seriousness.
He said the forfeiture was out of proportion to the seriousness of the offending and he reduced the penalty to one quarter of the house.
- © Fairfax NZ News
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