Drugs land man behind bars
A PRESTON man who was caught in possession of cannabis, LSD and methylamphetamines will spend the next four months behind bars.
On August 28, police executed a search warrant at the home of David John Silver finding 23 clip seal bags containing 19.5g of suspected amphetamines, plus a further 2.2g of a white powder, as well as 55.2g of cannabis and five tabs of Lysergide or LSD.
In the Proserpine Magistrate’s Court on Monday, police prosecutor Elizabeth Cassells said Silver had a history of drug-related offending, for which he had served periods of imprisonment in the past.
Defence solicitor John Ryan argued there was a difference between the drug taking of Silver’s past and that of the present, saying before, there “may have been a recreational element” whereas now, it was all about self-medicating for pain relief. Mr Ryan said Silver contracted the mosquito-borne Barmah Forest virus about 10 years ago and was now in “chronic pain almost all of the time”.
He submitted that probation was an appropriate penalty.
Nonetheless, Magistrate Haydn Stjernqvist didn’t buy this defence, saying Silver’s history over-rode the mitigating circumstances.
“He had probation in 1990, community service in 1991 and he was receiving periods of imprisonment for like-offending as far back as 1992,” he said.
“[Probation] – it’s like going back to the future.”
While Mr Stjernqvist noted only 1.8g of the amphetamine found in this instance was pure, he ruled that a period of imprisonment was the only option.
Silver was sentenced to a total period of 12 months with a parole release date of August 6.