A drug dealer has been rewarded for his rehabilitation efforts with a two-month discount from his sentence on appeal.

Timothy Graham Moffatt, 46, was previously convicted of selling cannabis, possessing methamphetamine, unlawfully possessing a firearm (a cut-down bolt-action .22 rifle) and unlawfully possessing ammunition (40 .22 rounds).

He was sentenced to 22 months’ jail in February, which he appealed in the High Court at Dunedin this week.

His counsel Brian Kilkelly argued the original sentence was excessive and too little credit was given to Moffatt for his 16 weeks at a residential rehabilitation centre in Auckland before he relapsed, breaching his electronically monitored bail.

The charges stemmed from a car crash in the Milton-Waihola Highway in July last year where police found 48g of cannabis, 7g of meth, a firearm and ammunition in the vehicle.

A search of his co-offender’s address a few days later found more illicit items the pair had in their possession. In a letter to Kilkelly, Moffatt wrote: “What I’m ashamed of is it now looks like my attempt at recovery I made in Auckland was a joke.

“I just made a very bad choice when confronted with the drug on the day”.

He claimed his relapse was a one-off use of methamphetamine prompted by a family emergency.

Justice Jonathan Eaton said the incident “cannot be described as a simple relapse into addiction”.

“To engage in drug-dealing with a cut-down firearm and ammunition is to delve into the very darkest level of criminal drug offending.”

It seemed Moffatt was “reverting to exactly where he has been”, the judge said, referring to his lengthy criminal record.

Crown prosecutor Richard Smith said that Moffatt had long-standing entrenched drug issues and although he had a difficult background, believed the original sentence was appropriate.

Justice Eaton allowed a discount of two months from the original sentence for his time at rehab, but said Moffatt was not suitable for home detention as Corrections had assessed him as a high risk of reoffending and public protection was paramount.

The judge said the $18,000 Moffatt spent on his rehabilitation demonstrated in concrete terms his dedication to recovery, and those efforts were commendable.

“He must surely appreciate if he can’t break his cycle of offending ... he is destined to spend many years in prison.”

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