Street prices for meth at seventy times the price for same quantity of cannabis were quoted by police getting High Court approval for a forced sale of Kelvin Bruce Wisely’s lifestyle block on Circle Hill Road, Clutha, under the Criminal Proceeds (Recovery) Act following convictions for dealing in both methamphetamine and cannabis.
In 2018, Wisely was sentenced to seven years ten months imprisonment for dealing in methamphetamine and cannabis. The High Court ordered sale of Circle Hill Road as ‘tainted property’ being the site of a commercial cannabis operation and methamphetamine dealing with $199,800 from sale proceeds to be confiscated as proceeds of crime.
Police estimated the level of Wisely’s dealing from an analysis of cash movements through his bank account together with information from intercepted phone calls. How long Wisely operated a commercial cannabis operation behind a false wall in his barn was estimated from electricity records; monthly usage jumped four-fold over a fourteen month period. Gross revenue from dealing was assessed using street prices charged in 2017: cannabis was selling at $400 an ounce; methamphetamine (usually sold by the gram) was selling at a price equivalent to $27,000 per ounce. Evidence was given that Wisely could sell at $27,000 per ounce methamphetamine supplied to him wholesale at about $10,000 per ounce.
Under the Criminal Proceeds (Recovery) Act, gross revenue from illegal activities can be confiscated; no allowance is made for expenses incurred. The onus is on those charged to prove gross revenue was less than that calculated by police.
Wisely failed to prove how much methamphetamine was actually supplied to him and the prices at which he sold, Justice Nation said. Wisely’s explanation for cash receipts were dishonest and a fabrication, he said. Wisely’s claim to be a novice cannabis grower unable to produce a good commercial crop was dismissed. He has prior convictions for cultivation and supply.
Evidence was given that Wisely was contacted by a Hamilton meth supplier in January 2017 whilst working as a digger operator at Waitahuna Goldmine and asked if wanted to ‘sell some stuff with an enticing profit margin.’ It was then arranged he would get two to three ounces of meth ‘on tick’ and have three weeks to pay.
Commissioner of Police v. Wisely – High Court (6.11.20)
20.171