July 29, 2010

Court stumbles over laughing gas issue

By David Clarkson

For Sale: soon, probably, 8466 canisters of laughing gas. Only reputable retailers or wholesalers need apply.

The canisters of nitrous oxide – usually called Nos – used to be a popular buzz-provider on the party scene but the Government has banned them.

The Christchurch firm Cosmic Corner had a large number of the canisters in stock when the ban came into force and now it has pleaded guilty to charges of unlawfully possessing and selling the prescription medicine.

The prosecution was brought by the Ministry of Health, and the sentencing was meant to take place before Judge Farish in the Christchurch District Court court today.

However, the court immediately ran into the problem of what to do with 8466 canisters of laughing gas with a total value of about $21,000.

Judge Farish noted that the canisters had originally been purchased legitimately, before the Government’s ban came into force.

Defence counsel Pip Hall suggested that the court could impose a fine and make a direction that the Ministry of Health sell the canisters to a reputable dealer, deduct its expenses, and repay the remaining funds to Cosmic Corner.

But Judge Farish said she was not sure she had the power to make that order under the legislation. It seemed draconian to order forfeiture and destruction of the canisters and a fine on top.

When she realised the sentencing could not go ahead today, Judge Farish said: “This file is not going to go away.”

Mr Hall and crown prosecutor Anna MacGougan will confer about what can happen about disposal of the canisters and file a joint memorandum to the court in time for a sentencing next month.

Other defendants facing similar charges are due for a defended hearing before a judge in September.