He then asked if the two pots he had taken from his mother’s glasshouse to grow cannabis could be returned.
“My mother asked me to ask if I could get them back. She will get upset otherwise,” Kerr asked.
He became emotional with the mention of the death of his partner almost a year ago and added he was also struggling with the news of his ailing grandmother, who he hoped to see again.
Kerr, who did not hold a firearms licence, admitted four charges of unlawful possession of a firearm, including a pistol and a cut-down Ruger and ammunition, plus cultivating cannabis, possessing utensils for cannabis or methamphetamine and driving while suspended for a third or subsequent time.
The charges followed his arrest on March 24 last year, following a search of his address when police had arrived to investigate another matter.
They found 10 cannabis plants growing in a small garden, and firearms in a bedroom, including a 303 rifle after police asked Kerr if they were likely to find anything else.
Police also found the utensils for drug use in a bag under a window, plus several vehicle registration plates.
Kerr said the cannabis was for his own use and the 303 was purely ornamental.
On August 16 last year, when Kerr was on bail, police searched his home again and found a concealed room with three mature cannabis plants.
In January this year, Kerr’s driver’s licence was suspended and three days later he was caught driving in Mapua over the speed limit. He was stopped by police and admitted he was a suspended driver.
Judge Jo Rielly said despite the number of firearms Kerr was found with, none were loaded and there was no evidence they were linked to the commission of any offences.
Sentencing included an uplift for the offending that had occurred while Kerr was on bail and credits to acknowledge his personal circumstances, including difficulties in his childhood, and a physical disability.
Judge Rielly said Kerr had asked her to take into account that his grandmother was unwell and that he wanted to spend time with her.
“I hope you will see her again but it’s not a factor I can take into account without any additional evidence,” Judge Rielly said.
Kerr was granted leave to apply for home detention, had 82 hours of community work outstanding cancelled, and was disqualified from driving for 12 months.
Judge Rielly made an order for the destruction of all items seized by the police unless they exercised their discretion in allowing the return of items sought by Kerr’s mother.
She also advised him to seek grief counselling upon his release as it was evident he was struggling with recent and current matters.
Judge Rielly hoped that Kerr, who was by then tearful, would not be seen again back before the court
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
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