A Gladstone man was reduced to tears by the thought of serving actual time in prison.
A Gladstone man was reduced to tears by the thought of serving actual time in prison.

Magistrate’s sentence reduces man to tears

THE thought of spending actual time in prison was enough to bring a Gladstone man to tears, but Magistrate Bevan Manthey assured the man the tears were wasted on him.

Daniel Neville Tully, 26, pleaded guilty in Gladstone Magistrates Court on Monday to public nuisance, drug driving, two possess property suspected of having been used in connection with the commission of a drug offence, three possess utensils, three possess dangerous drugs and two other charges.

Police prosecutor Kelvin Boyd told the court the offences were not "unsubstantial" and noted on December 15 Tully was found with 121g of marijuana.

Defence lawyer Bianca Hight argued the drugs were found in four clip seal bags which were included in the total weight which would have been reduced if the drugs had been removed.

She said her client, a former retail worker, had lost his employment and home at the time of the offending.

As Mr Manthey handed down his sentence he told Tully if he didn't agree to probation he would be facing a six-month sentence to serve one month of actual time.

A confused Tully sitting in the back of the courtroom was reduced to tears, causing the matter to be temporarily paused so he could calm down.

Upon his return Mr Manthey told Tully he didn't "give a cracker" about his tears.

"You know you're at the end of the road," Mr Manthey said. Tully was sentenced to three months imprisonment suspended for 18 months, 18 months probation and disqualified from driving for one month.

Convictions were recorded.