Drug dealer jailed, loses car

Press, 23 September 1988, Page 24

Drug dealer jailed, loses car

A drug dealer, who used his $3500 car on a short trip across town for a transaction has forfeited the vehicle to the Crown and was jailed for 14 months and two weeks by Mr Justice Williamson in the High Court yesterday.

Warren Leonard Garthwaite, aged 28, unemployed, had pleaded guilty in the District Court to six charges of selling cannabis to an undercover constable.

For Garthwaite, Mr Nigel Dunlop said that the probation officer said that Garthwaite saw himself as a law-abiding man, who believed that the offending would not have taken place without the encouragement of the undercover policeman. Garthwaite had successfully completed an electronic technicians’ course. His profit from all the dealing was only $430. In the final transaction

he had used his car worth $3500 for a short distance across town. The car was his only significant asset and would be forfeited to the Crown.

Garthwaite was cooperative with the police, admitted the offences and pleaded guilty to all charges, Mr Dunlop said.

Mr Justice Williamson said that the maximum penalty on this charge was one of eight years imprisonment, which showed how seriously the community regarded such crimes.

Between May 8 and August 8, Garthwaite sold or was involved in the arrangement for the sale of cannabis to a specialduties constable.

On May 8, one pound (454 g of cannabis was involved at a price of $2700; on June 3 one pound (454 g at $1800; on June 5 he arranged for the sale of two pounds

(908 g for $4500; on June 11 he arranged a sale of two pounds for $4800; on June 22 he was involved in a meeting where two pounds were sold; and on August 8 he was involved in the sale of two ounces (57g) for $215 an ounce.

In those dealings he arranged rather than participated and $lOO, $6O and $4O was paid to him.

Garthwaite had a de facto wife and two children. It was said that he was a good father to his two sons. While unemployed he had a previous good work record and people spoke highly of his generosity and ability.

Drug dealing was . such an evil that deterrence had to be the prime consideration.

Certainly cannabis was the lesser of drug evils, but still it was clear to anyone who sat in the High Court that people moved on to harder drugs

in many cases, and other crimes such as aggravated robbery, burglary and knifings, which were directly related to . drug dealing. Unfortunately, young people between 17 and 20 seemed to be silly enough to try anything, and starting with cannabis led to more serious drug taking. The Misuse of Drugs Act now provided that where a vehicle had been used in the commission of an offence, the court, shall, unless in the circumstances the Court considered it would be unjust to do so, order that the vehicle be forfeited. “To forfeit the car would, of course, cause hardship. I accept that, but the causing of hardship does not mean that it is unjust as a penalty for offences such as these. “Accordingly there must be an order that the car be forfeited,” Mr Justice Williamson said.