’Finger to the system’: Court blasts relentless reoffending
A young man’s “arrogant disregard” for the law has him dangerously close to jail time after he reoffended within two months, four days and 10 days of receiving separate sentences.
Prosecutor Nichale Bool said Jarryd Jon Althaus had less than a gram of marijuana and seven tablets of Rohypnol on him when police intercepted a van in Tewantin at 1.30am on August 17.
“Police observed a medication bottle in the defendant’s hand, during conversation the defendant stated it was his medication and handed it to police, the bottle had no prescription attached,” she said.
“Police have located a cigarette pack in the defendant’s jumper pocket, within the cigarette pack police located less than one gram of cannabis.”
Ms Bool suggested a period of imprisonment as an appropriate sentence for the man, who was 25 at the time of his offending.
“The defendant … has had numerous opportunities for leniency from the court,” she said.
“Rehabilitation by court orders haven’t been successful.”
Althaus pleaded guilty in Noosa Magistrates Court on Tuesday to two counts of possessing dangerous drugs.
He has faced court eight times in the past six years for drug offences and has received fines, suspended sentences, parole and probation.
The court heard Althaus reoffended just two months after being sentenced in the Supreme Court for trafficking drugs in 2014 and breached his second suspended sentence just three days after it was imposed in October last year for supplying drugs.
Magistrate Matthew McLaughlin told the court Althaus’ current offences were also committed 10 days after he received a period of parole and probation on August 7 for a string of drug offences.
“On three occasions in the last six years you have received significant sentences from the court within a very short time, within two months, four days, and 10 days you were back committing drug offences again,” he said.
“It’s an arrogant disregard for the courts, it’s an arrogant disregard for the law.
“If you want to use the street name it’s just giving the finger to the system.
“You are a fool for committing drug offences like this while you’re subject to these orders.”
Defence lawyer Gabe Hutchinson said his client was in a better place physically and mentally and was looking to re-enter the workforce for the first time in more than two years.
Mr Hutchinson made submissions against Mr McLaughlin’s suggestion of an intensive corrections order and said a significant fine was in range.
“This is very minor offending, in isolation it would be dealt with by way of drug diversion or a fine, Mr Hutchinson said.
“His performance in the past in respect of sentences that have been handed down has been below average, but he is spending time under serious supervision already that being under both a parole order and a probation order.”
Mr McLaughlin said due to his current orders Althaus would serve four to five months, a harsh period if he was to be sentenced to actual time in prison.
He said if the Mooloolaba resident continued to reoffend it would be impossible for him not to go to jail.
“You are as close as you can be to going to jail,” he said.
Althaus was sentenced to three months in prison to be served in the community under an intensive corrections order, which Mr McLaughlin called “probation on steroids”.
Convictions were recorded.