The Supreme Court heard an appeal from Jason Philip over his jail term in September. Photo: PHOTO NZ
New Zealand's highest court has quashed the prison sentence imposed on a gang member who acted as a drug courier between Auckland and Wellington, partly because of the impact being behind bars would have on his children.
Jason Brendon Philip successfully appealed his two-year 11-month prison term, and the Supreme Court has replaced it with one of one year and seven months.
Philip will serve no more time in prison due to time served.
He was originally sentenced to 11 months' home detention, but the Court of Appeal ruled that was inadequate.
The Supreme Court ruled today the Court of Appeal was wrong to ignore the effect of jailing Philip on his children.
It also considered Philip's rehabilitative needs and his role in the drugs operation.
The Supreme Court decision described the original sentence imposed on Philip as lenient, but therapeutic.
"The reports before the judge had showed that Mr Philip had responded well to the rehabilitation programme he attended and that the presence of his son and his involvement with the child were positive factors in his ongoing rehabilitative prospects."
It said the Court of Appeal's decision to impose a jail term was an injustice.
He and partner Jazinda Hayman delivered methamphetamine from Auckland to Wellington five times in 2018 and 2019.
Hayman was sentenced to 11 months' home detention.
Philip's appeal argued Hayman alone shouldn't receive a discount in sentencing when he also played a significant role in parenting, and that his absence when in jail could have adverse effects on his childrens' development.
After hearing Philip's appeal in September, the five-judge court reserved its decision.
