Drug dealer wins appeal, less jail time

A multiple-sclerosis sufferer and recidivist drug dealer has had five months shaved off a recently-imposed prison term after a successful appeal.

Vigil Francis Habib was jailed for two years and five months on a charge of possessing cannabis for supply when he appeared at the Dunedin District Court in December.

However, Justice Rachel Dunningham in the High Court agreed with defence counsel Deborah Henderson the man had been dealt with too harshly.

Habib had chalked up 17 drug-related convictions since 1996, four of which were for dealing, the court heard at sentencing.

When police searched Habib's Benhar home on March 16 last year they found a backpack containing more than 300g of cannabis.

There was also a set of electronic scales and several empty snap-lock bags, consistent with selling.

Police said the stash could have sold for as much as $7775.

Habib, who was there when the raid took place, produced a plastic bag he had hidden in his sock which contained $2890 cash.

He argued it was the proceeds of legitimate business dealings. Judge Michael Turner ordered half of it be forfeited.

Habib's counsel said he was "self-medicating" for his illness and the temptation to sell to his friends grew too strong.

He was not motivated to address his addiction issues, the court heard, and he had an "appalling performance" on parole between 2014 and 2015.

On appeal, Ms Henderson argued the starting point taken by Judge Turner was too high when compared with similar cases.

Justice Dunningham accepted Habib's sales were to a "limited group of associates".

"I consider a lower starting point should have been selected by the District Court to recognise the principle that consistency should be achieved in sentencing like cases," she said.

She took five months off the final sentence.

Habib will serve two years behind bars.