While Magistrate David Day said that he was sentencing a "low-level Mid-Western Region drug dealer" he added the defendant's actions were a reflection of Mudgee's wider problem with the drug methamphetamine.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Christopher James Buckley of Cope Road, Stubbo, was sentenced to a nine-month Intensive Correction Order, with a condition that he undertake drug rehabilitation, and was ordered to perform 50 hours community service.
The 41-year-old was stopped by police in order to conduct random breath testing at about 10.20am on Wednesday, November 27, 2019, in Nandoura Street, Gulgong.
Even though the roadside test was negative for alcohol, Buckley appeared to be nervous throughout the interaction, claiming to need to get to an appointment and officers noted that he was shaking. A check of his identity revealed information on associations with known drug users, so police decided to search his vehicle.
They found that panels in the dash were loose and behind them they located a set of scales and a case. Inside the case were; scoops; a glass pipe; a resealable bag containing a white crystal substance; and paper listing names and amounts, known as a 'tick-list'.
The substance was weighed and found to be 8.4g of methamphetamine. In Mudgee Local Court last Wednesday, Buckley pleaded guilty to prohibited drug supply and possession.
Magistrate Day, upon reading that the defendant had the equipment and tick-list with him in the vehicle, said "[dealers are] pretty basic in the bush". And in referring to the reports prepared for the court for sentence, noted, "so he wasn't just supplementing his income by cutting firewood, he was supplementing by selling drugs".
His solicitor, Tom Flynn, told the court that his client had done so because "he was feeding his own habit". Which his honour said, "demonstrates that he puts his cravings ahead of his own family's hunger - the endorphin rush must be more than overwhelming".
Magistrate Day continued to say that while Buckley was a "low-level Mid-Western Region drug dealer, feeding his own habit", he was also "taking advantage of the unlimited demand for the drug in this area".
He compared the number of methamphetamine cases before him at Mudgee Local Court to Orange - where he also sits - and to the Central Coast where he previously sat.
Whether people can't see beyond the hills, or there's a nest of people here who crave it, or a combination of both - but Mudgee has a real problem.
- Magistrate David Day
"Whether people can't see beyond the hills, or there's a nest of people here who crave it, or a combination of both - but Mudgee has a real problem," he said.
Magistrate Day has previously remarked on the number of matters filed at the local court - for all crimes - compared to its population.
In March last year, he estimated that on a per capita basis Mudgee and surrounding areas [excluding Gulgong and Rylstone/Kandos, that have their own courts] have three times as many matters as Orange. On that occasion he said, "the crime rate in this town is appallingly high" and "I don't think that's just because of proactive policing".
Prior to May last year, first-time offenders detected driving with the presence of illicit drugs, were also listed in court. Now, they will receive an immediate three-month licence suspension and fine of $561, bypassing the local court.
However, prior to the legislation change, Magistrate Day would often refer to the charge as the "Mudgee special", given its "prevalence" in the local court list - particularly when the drug detected would be methamphetamine. On multiple occasions the number of defendants fronting court charged with drug driving, would either match or outnumber the drink drivers.
The local region landed on the radar for drug driving nearly five years ago, following a weekend when one in six local motorists tested positive. And in 2017, Mudgee was included in a list of the ten towns in NSW with the most drug driving incidents.
