Drugs land man be­hind bars

Whitsunday Times - - LOCAL NEWS -

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.

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