Poor qual­ity, high price

Whitsunday Times - - NEWS COURT -

A CAN­NON­VALE man who said he wasn’t plan­ning on smok­ing the 130 grams of cannabis found in his home be­cause it was “poor qual­ity” has avoided jail time de­spite be­ing on a sus­pended sen­tence.

David John Ja­cob­sen, 38, had his Can­non­vale home searched by po­lice on May 30 around 4pm, where they found 130.2 grams of cannabis in a large plas­tic bag, along with a sy­ringe and water pipe.

Po­lice pros­e­cu­tor Bern­hard Berger said Ja­cob­sen de­clared the cannabis dur­ing the search. How­ever po­lice also found a fur­ther 0.4 grams of cannabis in a bowl and on top of the kitchen cup­board they found a “num­ber of sharps con­tain­ers” and a sy­ringe that was not in a con­tainer.

Plead­ing guilty to all charges, the court also heard that Ja­cob­sen was on a 15-month sus­pended jail sen­tence at the time of the of­fences.

Duty lawyer Cleo Re­wald said Ja­cob­sen be­lieved the cannabis was “poor qual­ity” and was not plan­ning on smok­ing it.

“He still had pos­ses­sion of it. It’s a de­cent amount... I can’t shy away from that,” she said.

Ms Re­wald said the sy­ringes were un­used and that the un­wrapped sy­ringe was “capped but not dis­posed of”.

In sen­tenc­ing, Mag­is­trate Si­mon Young said that Ja­cob­sen had shown a “con­temp­tu­ous dis­re­gard of what the courts had done for him (pre­vi­ously)”.

Con­sid­er­ing Ja­cob­sen’s crim­i­nal his­tory, Mr Young told the court the pre­vi­ous of­fences were “not good”.

“Given the amount of cannabis and his con­temp­tu­ous dis­re­gard for court le­niency shown to him a year ago, I’m go­ing to ac­ti­vate his sus­pended sen­tence,” he said.

Ja­cob­sen was sen­tenced to his 15-month jail term but given im­me­di­ate re­lease on pa­role. He was also fined $1000 and con­vic­tions were recorded.

“You may find your­self straight in prison without com­ing back to court,” Mr Young warned.

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