A JUDGE has warned a prominent Tamworth personal trainer he faces “a couple of years at least” in jail for drug dealing while one of his suppliers will escape a stint behind bars.
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Mark John McDonald smiled at family members and friends as he walked into the dock of Tamworth District Court on Thursday afternoon for a sentencing hearing.
One of his suppliers, Nicholas Hansen, was also flanked by supporters for the sentence hearing on one count of supplying MDMA.
McDonald, who has been behind bars for 11 months, is charged with supplying cocaine, MDMA or ecstasy, and amphetamine as well as dealing with the proceeds of crime.
He’s also admitted to a raft of drug possession offences on a back-up certificate to be taken into account in sentencing.
“He’s going to spend a couple of years at least before he is released on parole,” Judge Jeffery McLennan said.
DPP solicitor Andrew Baker said one charge was just short of the commercial quantity.
He’s going to spend a couple of years at least before he is released on parole.
- Judge Jeffery McLennan
He said there were “three types of drugs”, “it was well organised” and the “Crown’s submission it was for profit” not just to feed McDonald’s “cocaine habit”.
Judge McClennan said the supply of the MDMA and amphetamine “are the real problems for him” and the fourth charge demonstrated the profit motive, with the Crown seeking to slap a proceeds of drug crime order to recover $3250 cash which they said was the profits of his dealing when he was intercepted by police.
A letter from McDonald as well as three testimonials including from his employers were tendered in support of McDonald along with a specialist medical report which was disputed by Mr Baker.
He objected to a specialist’s report diagnosing a condition that stated there was a “causal link” between a medical condition and McDonald’s substance abuse and supply.
”She’s not qualified to give that diagnosis,” Mr Baker submitted.
Judge McLennan agreed with the argument to dispute the finding. He said McDonald was “looking at a sentence to be measured in years” with barrister Jason Curtis arguing his client should receive a two-year stint in prison.
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She’s not qualified to give that diagnosis.
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Mr Curtis said McDonald had “immediate acceptance of his fate” following his arrest, had “never made a bail application” and had been in custody since his December 8 arrest.
The court heard he will get a 25 per cent discount for his guilty pleas.
Mr Curtis submitted his client was remorseful, had been able to acquire a job in prison on remand as a sweeper, and “uses his time constructively”.
He said McDonald had been in maximum security, would study once sentenced, and was remorseful for the damage he had caused to his family and his “co-offenders”.
“He’s accepting responsibility for the damage he’s caused to the community,” he said.
The 34-year-old did not take the stand but the court heard he had a criminal history that did not boast drug supply offences or aggravate the sentence.
He’s accepting responsibility for the damage he’s caused to the community.
- Barrister Jason Curtis
“He's otherwise remanded in custody,” Judge McLennan said, adjourning the case for mention in Armidale District Court later this month to set a sentence date.
“You'll know what the outcome is before Christmas.”
Meanwhile, the court heard Hansen was “engaged in activities” with McDonald in October last year and McDonald supplied Hansen the drugs.
Barrister Neal Funnell said his client, who remains on conditional bail, purchased 17.5g of methamphetamine from McDonald but the court heard “some of it” was going to be for supply.
“17.5g of MDMA, Mr Funnell, is not a minor matter,” Judge McLennan said.
Mr Funnell submitted a medical report, references for his client along with toxicology reports to show Hansen was free of drugs.
“[They] go to confirm Mr Hansen is currently abstinent from any substance,” he said.
Judge McLennan said a pre-sentence report showed Hansen was suitable for an intensive corrections order (ICO) – or a jail sentence in the community.
17.5g of MDMA, Mr Funnell, is not a minor matter.
- Judge Jeffery McLennan
Judge McLennan indicated it could span 18 months but will sentence Hansen at the end of the month in Armidale District Court.
He said he would impose a condition that Hansen “abstain from drugs” for the duration of the order.
“Breach that condition you'll breach the intensive corrections order,” he told Hansen, warning he’ll go straight to jail.
“Someone's likely to come knocking on your door."
Hansen remains on bail.