Two
Tokoroa properties held by family trusts, a Nissan Liberty station wagon, cash
and dealing profits of $168,000 were all forfeited to the Crown after a P bust. A request that one property used as a home be
exempted on grounds of hardship was refused.
Sharon Marie Mihaka
fronted a family business dealing in methamphetamine out of her Tokoroa shop
trading as Sharon Fine Leather Ltd. Also
convicted of supply were Lionel Geoffrey Mihaka and Leah Marie Green, also
known as Ramanui.
In the High Court,
Justice Whata ordered forfeit to the Crown properties in John Street, Tokoroa
and part-share of 2.1 hectares of land on state highway one near Kinleith. This land was held in the Mihakas’ names as
trustees for a family trust. The Mihakas
and their children are named beneficiaries of the Trust. The Criminal Proceeds (Recovery) Act allows
courts to treat family trusts as the personal property of those controlling the
trust.
Mrs Mihaka asked the court
to exempt the John Street residence from forfeiture on grounds of hardship. She is 60 and unemployed. Her shop assets were plundered while in jail after
she was sentenced to four and half year’s imprisonment. She needs John Street for accommodation since
her release. The property is in a bad
state of repair and needs considerable work.
Police acknowledged the John Street purchase was not funded from the
proceeds of methamphetamine dealing for which she was convicted.
Justice Whata refused
to exempt John Street from forfeiture. Relief
requires evidence of “undue hardship”. The
clear policy of the Act is to discourage repeat offending, he said. Mrs Mihaka has a methamphetamine possession
conviction which preceded her conviction for supply. Her difficult financial circumstances are not
sufficiently exceptional to justify relief, Justice Whata ruled.
Commissioner
of Police v. Mihaka – High Court (29.06.17)
17.074