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'You'd hope he'd learnt': Killer driver caught with 'large quantity' of drugs while on sentence

Author
Open Justice,
Publish Date
Thu, 18 Aug 2022, 12:47pm
Marshall Higginson was sentenced in the Hamilton District Court for driving under the influence of a controlled drug causing the death of his friend. Photo / Mike Scott
Marshall Higginson was sentenced in the Hamilton District Court for driving under the influence of a controlled drug causing the death of his friend. Photo / Mike Scott

'You'd hope he'd learnt': Killer driver caught with 'large quantity' of drugs while on sentence

Author
Open Justice,
Publish Date
Thu, 18 Aug 2022, 12:47pm

A man currently on home detention for killing his mate after crashing a vehicle while under the influence of a cocktail of drugs has been caught with a large volume of cannabis.

"You'd hope that he'd learnt," police prosecutor Detective Sergeant Dave McKenzie said of Marshall Darrin Higginson's recent offending.

On Thursday, Higginson appeared in New Plymouth District Court on a charge of possessing 129g of cannabis.

The 23-year-old Taranaki man is nearing the end of his 10-month home detention sentence, imposed in December last year for killing his best friend Hayden Bartlett.

Higginson was driving Bartlett to Auckland when he failed to take a bend on State Highway 3, near the intersection of Mangakowhai Rd, south of Piopio on December 30, 2019.

Higginson was found to have had a cocktail of drugs in his system, including MDMA, cannabis and methamphetamine, at the time of the crash.

However, a police crash report indicated that fatigue was likely a key factor, the court heard at the sentencing.

At his most recent court appearance, Higginson pleaded guilty to the charge of possession of cannabis.

The charge stemmed from a police search of his Bell Block address on May 4 this year.

During the scout of the property, officers came across a "large quantity" of cannabis plants in a grow room in the garage, and more stored in containers inside the home.

While Higginson's flatmate took responsibility for that cannabis, Higginson confessed to officers that he had his own stash of the class C drug.

He had stored 129g of cannabis head stored in glass jars in his bedroom.

In explanation, Higginson told police he has a medicinal cannabis card and said he couldn't afford to buy the prescription drug.

Defence lawyer Julian Hannam said the case was one of "a decreasing number of cannabis prosecutions".

He argued the best outcome was by way of an order to come up for sentence if called on.

While McKenzie didn't "necessarily" oppose, he pointed out Higginson was currently serving a sentence for causing death while under the influence of drugs.

Judge Paul Keller said it was large volume of drugs.

But because Higginson had no prior relevant convictions, his youth, that he is employed, and is complying with a "long" term of home detention, the judge adopted the defence's proposed sentence.

Higginson was convicted on the charge and ordered to come up for sentence if called on.

- Tara Shaskey, Open Justice

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