MAGISTRATE Adam Hills-Wright has given a man a chance to take responsibility for his methamphetamine habit by not sending him to prison.
Daniel Stephen Robins pleaded guilty to possessing MDMA and methamphetamine with intent to sell or supply when he appeared at Rockingham Magistrates Court on October 24.
The prosecutor said police observed Robins driving on Read Street when he hit a kerb at an intersection. Police pulled him over and conducted a search of his car, finding a set of silver scales, several clipseal bags with 0.1g of methamphetamine, a mobile phone with drug related messages on it, 4.4grams of cutting agent and $270 in cash.
He was taken to the station where he was searched by police.
They found a further 2.2g of methamphetamine in his underwear and a single ecstasy tablet.
Robin’s lawyer said the facts were accepted.
However, he claimed the cash was not from selling drugs and could prove it.
He asked the cash not be forfeited.
“He has an entrenched methamphetamine habit that becomes more intense during times of unemployment,” he said.
“The three bags with 0.1 grams he had kept to possibly ‘wash-out’ to obtain a further small saleable quantity of methamphetamine.
“He’s been on-selling small amounts to pay for his own habit.”
He said Robins was previously on drugs programs and asked for a fine.
Shaking his head, Magistrate Hills-Wright said it was too serious for a fine.
“He didn’t engage very well with the (drug intervention) program,” he said.
“General and personal deterrence are significant considerations here.
“Despite being given an opportunity to stop using, you haven’t managed that.
“In my view it raises the point that you will continue to sell to support your habit.
“A term of imprisonment is warranted even though it’s not a significant amount (of drugs).
“I accept what’s been put forward on your behalf: the sale of drugs was to fund your own habit.
“It doesn’t mean a term of prison is not warranted. Your partner and parents have been absolutely dismayed by your drug use.”
He sentenced Robins to a seven-month imprisonment term suspended for 12 months.
“Rehabilitation is very important,” he said. “Best of luck Mr Robins, the ball’s in your court.”
He was also fined $400 for the MDMA.