He broke the law! Of course he shouldn’t be charged!

Dakta Green, supporter of the legalisation of marijuana in New Zealand has finally been given a prison sentence for his open ignorance of the law. Now, the Aotearoa Legalise Cannabis Party has put out a press release suggesting prison is a breach of his human rights.

I really don’t know where to start with this one. It seems the biggest argument ALCP has is that he is not being imprisoned for breaching the law, but for his political beliefs. They have cited sections 9, 13, 14, 15, 16,17, 19 and 22 of the New Zealand Bill of Rights Act 1990 as their reason for this.

According to section 2 of the Misuse of Drugs Act 1975, a “prohibited plant” can be defined as “any plant of the genus Cannabis“. Under section 9 of the same act, it is made illegal to cultivate any prohibited plant. Under section 13 of the same act, it is made illegal to possess any prohibited plant.

Now, I assume ALCP would say that because of the sections they have cited in the NZBORA, Mr. Green has done nothing wrong. However, section 4 of NZBORA states that the Bill of Rights will not allow a court to “hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective”. This means that because it is illegal under another act, preaching the Bill of Rights is not a defense.

Another quote from ALCP’s press release:

The New Lynn candidate for the Aotearoa Legalise Cannabis Party (ALCP) Dakta Green has had his election campaign directly undermined by the Crown after he was sent to jail last week.

How has this been “directly undermined by the Crown”? He was sent to prison by the judiciary. If ALCP does not understand the Separation of Powers, they surely cannot understand our legal system enough to suggest what our law should say.

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Posted on July 3, 2011, in New Zealand Politics and tagged , , , , , . Bookmark the permalink. 1 Comment.

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