Drug dealer waits to learn his fate
FLAGRANT breaches of a suspended jail term and contravening a probation order resulted in offender Ryan Nathan Swan heading back to a jail cell.
But 27-year-old Swan from Regency Downs will this week learn his fate after an Ipswich District Court judge reserved his decision on what penalty to impose.
Swan appeared in court via video-link from jail last Wednesday to plead guilty to breaching the suspended sentence, and contravening a probation order imposed by a District Court in July 2018.
Crown prosecutor Amanda Robinson appeared by telephone link because of social distancing rules.
Defence barrister Stephen Kissick appeared in the courtroom before Judge Alexander Horneman-Wren SC.
Ms Robinson said Swan was sentenced in July 2018 for three offences that involved the supply of dangerous drugs and lesser charges including possession of methylamphetamine (ice) which was found in an car that Swan left abandoned.
Mr Kissick said Judge Dennis Lynch QC had then "sentenced him quite leniently because, it must be conceded, he had youth on his side to a suspended sentence".
Ms Robinson said Swan breached a probation order by failing to engage with the service and failing to report in July 2019.
She said Swan had been in jail since November 8, 2019, and now was subject to parole until July 2021. And had spent 183 days in jail for breaching the probation order.
Judge Horneman-Wren said Swan was sentenced to 18 months' jail and served six months (one-third).
He said the probation order had been attached to a sentence for entering premises and committing an offence "with over 1000 tools stolen. He also had multiple weapons he got approbation order for."
"Clearly, he has failed to take the opportunities offered (in sentencing) by both judges," Mr Kissick said.
"He's been in custody now six months which cannot be declared but the court cannot ignore the fact.
"He has been doing activities (in jail) that demonstrate that as he gets older he is getting smarter."
"He does need punishment (for the breaches) and the court could extend its operation by four months."
Mr Kissick said Swan had a job ready on the Gold Coast when released from jail and could return to live with his parents at Regency Downs.
"COVID-19 has left him isolated (in jail) from family with lockdown restrictions. He is the only one of three (siblings) in trouble; drugs are associated with that," Mr Kissick said.
Mr Kissick sought for parole release, but noted Swan had the benefit of two relatively lenient sentences, saying Swan received a two-year probation order for what were serious offences.
He said offenders on parole were essentially prisoners subject to supervision and "not getting away scot-free".
Judge Horneman-Wren said Swan had not taken the previous opportunities given to him in sentences handed down by two judges.
He said he needed more time to consider his decision and adjourned sentence for a week to May 21.