Offender ‘in luck’ over date bungle

A MAGISTRATE told an offender to “take your luck where you can get it” after an incorrect date on a charge meant it was not considered prior to him being sentenced in the Townsville District Court.

Dylan James Rush was sentenced on August 6, 2019 to nine months’ prison wholly suspended for 12 months as well as 12 months’ probation for supplying dangerous drugs and related offences. He was also sentenced for two counts of stealing occurring on April 28, 2018, the same date Rush was heard to have been driving a Ford Territory when it was said to be evading police.

However, an incorrect date saw the evasion offence bundled with further charges occurring on July 21 and therefore not finalised in the magistrates court prior to the District Court offences. The charge was amended to April 28 in the Ayr Magistrates Court on Monday where Rush pleaded guilty to the evasion offence, possessing used utensils, possessing dangerous drugs and one count of breach of bail.

Magistrate Ross Mack said had police listed the offence on the right date, the matter would not have been held over until after the District Court matters were finalised. “My indication, given your traffic history, is that you would have been facing a period of imprisonment but I think it would be too severe to impose that now given the relation of time and the sentence that was given to you in the District Court,” he said.

Rush was convicted and fined $7000 for the evasion offence, possessing clipseal bags, three with 0.3g of methylamphetamine and an additional 1g of methylamphetamine.