Home detention for drugs charges

Last updated 10:21 12/02/2014

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Two men busted as part of undercover Operation Viking into a drug operation in Wanaka have been sentenced to home detention.

Daimon Jon Schwalger, 41, and Campbell Blair Smith, 28, appeared for sentence before Judge Michael Turner in the Queenstown District Court yesterday.

Smith was sentenced to eight months' home detention and Schwalger was sentenced to four months' home detention.

Schwalger, a DJ, previously entered guilty pleas to offering to supply class B controlled drug MDMA on August 10, supplying ecstasy on September 13 and possessing cannabis on December 1.

Lawyer Mike Newell said Schwalger was approached by undercover officers, people he believed he had befriended, to supply drugs and he agreed.

Judge Turner said Schwalger's longstanding contribution to the community was of secondary importance. The conduct was repeated during a one-month period, he said. "You may not have benefited commercially but you were certainly trying to ingratiate yourself with at least one of the two police officers."

Smith previously entered guilty pleas to supplying LSD on August 31 and two charges of supplying ecstasy on September 10 and between September 25 and 26.

Crown prosecutor John Young argued for a starting point of up to two and a half years' jail.

"Wanaka is a tourist town, this type of offending is a matter of prevalence and of concern to the community."

Lawyer Bill Dawkins said Smith pleaded guilty immediately. There was commercial sale but this occurred at a house in Wanaka during a party.

Judge Turner said he was prepared to commute the sentence to one of home detention, based on remorse, co- operation and other mitigating factors. There was an element of premeditation, meetings were arranged and drugs were sold to undercover officers, including five LSD tabs for $120 and four caps of ecstasy for $240.

"It seems you sourced the LSD from somebody else and acted as the go- between or sales person. There's no evidence you derived any particular benefit."

Other defendants charged after the undercover operation will appear at later dates.

Wounding

Rawiri Wiremu James Dais, 20, of Wanaka, was sentenced to nine months' home detention, ordered to pay $3000 emotional harm reparation and further reparation of $913 for wounding with reckless disregard on August 24.

Judge Turner said Dais was outside a fast-food outlet in Wanaka around 3am when he assaulted the victim with an unprovoked uppercut to the face. The force of the blow knocked the victim unconscious while Dais stepped back and joked around.

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The entire incident was captured on CCTV but Dais initially denied involvement to police.

The victim, who had never met Dais, was taken to Southland Hospital with a fractured right eye socket, chipped teeth and a broken nose that required a metal face plate and nasal reconstruction surgery.

Judge Turner also issued a warning under three-strikes legislation.

Assault

Peter John Seago, 66, was ordered to pay $500 emotional harm reparation and fined $350 for assault on January 23. Ashley Alan Rowlands, 26, of Sunshine Bay, was remanded in custody for assaulting police, intentionally damaging a wall and offensive behaviour on January 28.

Shontelle Kaui, 17, of Gisborne, was sentenced to 80 hours' community work and nine months' supervision for assault on December 25.

Indecent assault

Sean Graeme Duffy, 20, bartender, of Cardrona, was remanded on bail for sentence on April 7 for indecently assaulting a female on December 31.

Drugs

Zachary Ian Beal, 23, of Australia, was fined $500 for possessing LSD on January 23.

Daniel Day Crow, 22, waiter, of Frankton, was fined $250 for possessing a bong for the purpose of smoking cannabis on February 8.

Possessing knife

Derek James Nielsen, 45, painter, no fixed abode, was remanded in custody for sentence on March 10 for possessing a knife in public and breaching a protection order on February 1.

Theft in special relationship

Ben Joe Meek, 29, stonemason, of Lake Hayes Estate, was sentenced to nine months' supervision for receiving property, namely $1152.91 cash, on terms that he knew required him to account and intentionally failed to account, between November 15 and January 4. He admitted taking money from his employer for gambling and debts incurred while gambling.

Injured

A man was remanded on bail to February 24 for an application for a discharge without conviction charged with injuring under circumstances that if death had been caused would have been guilty of manslaughter on December 29. The court was told he threw a glass, which unintentionally struck his partner in the face at their home.

Careless driving causing injury

Jun Li, 34, of China, IT manager, was fined $350, ordered to pay $200 for emotional harm and disqualified fromd riving for six months for operating a vehicle on Milford Highway carelessly causing injury on February 10.

Driving

Nathan John Wallis, 34, bouncer, of Sunshine Bay, was sentenced to six months' home detention, disqualified for 13 months and his vehicle was confiscated for driving while disqualified having been convicted at least twice previously, on January 15.

Drink-driving

Alexander Kobin Carey, 23, was remanded for sentence on March 10 for driving with a breath alcohol level of 818mcg, having been convicted at least twice previously, on November 10.

Canyi Lin, 39, of Christchurch, 529mcg on February 4. Fined $550 and disqualified for six months.

Michael Bernard Donovan, 45, chef, of Fernhill, 1006mcg on January 25. Fined $1100 and disqualified for six months

- The Southland Times

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