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Prison Fear Defence


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Irregular News for 01.03.07

 

Australia -- A rookie drug dealer has been spared a jail sentence because of his fear of imprisonment.

 

Kym Sidney Tyrone O'Hara last week faced a 25-year prison term for selling $700 worth of ecstasy and methylamphetamine to friends at Port Lincoln in 2003 and 2004.

 

But Judge Barry Beazley said the "hard working and highly motivated" 22-year-old's "fear of imprisonment" and his sporting abilities would lead him to reassess his life.

 

O'Hara was released on a two-year, $1000 good behaviour bond.

 

Judge Beazley ruled O'Hara's fear of prison would be an "effective deterrent" against future crimes. In sentencing, he said the Adelaide man had been arrested as part of a large-scale police investigation into drug dealing on the West Coast.

 

Telephone intercepts recorded O'Hara arranging to sell eight ecstasy tablets for $50 each, and six deals of methylamphetamine for $50 each.

 

"You had been in Port Lincoln for about six months (and) got involved in the local social scene, which involved rave parties," Judge Beazley said.

 

"You formed a friendship with (a drug dealer) and you were able to source such drugs from him.

 

"In consequence, your friends also would ask you to source such drugs and provide it to them."

 

He said O'Hara, a Sacred Heart graduate, had moved to Port Lincoln for work. "You are highly regarded both for your sporting ability and for your work in the construction industry." he said.

 

"You are a hardworking, highly motivated individual who, through perhaps immaturity and the first occasion being away from your family, got involved in a group who used the drugs regularly in rave parties.

 

"I have no doubt the seriousness of the offences to which you have pleaded guilty has shocked you into positively reassessing your life." Judge Beazley suspended O'Hara's two-year, three-month jail term with a 12-month non-parole period. "Your future is in your own hands, you realise that?" he told O'Hara as he left court.

 

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