A DRUG dealer who tried to run from police near a primary school to avoid being caught with the drug ice, has been jailed for at least 12 months.
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Justin Anthony Heywood has been in custody since his March 31 arrest but will walk onto parole in late September.
He was sentenced in Tamworth Local Court for supplying ice, possessing MDMA and resisting police when they tried to capture him.
Dressed in a collared shirt and tie, and flanked by family in court, Heywood was handed a 12-month aggregate sentence, with six months non-parole.
The court heard that, about 11pm on March 31, Heywood was stopped in West Tamworth near St Joseph's Primary School, where police seized 7.34g of methylamphetamine.
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He was given a 25 per cent discount for his early guilty pleas, but the court heard he had a conviction in 2015 for supplying drugs on an ongoing basis. That charge carries a maximum penalty of 20 years behind bars.
Legal Aid solicitor Alex Floyd said Heywood "has a long history of dependence on illicit substances" and the ice was partially "for supply" and "partially for personal use".
"Any supply would have been in the course of funding dependence," he said.
During the arrest, Heywood kicked out at police from the Tamworth Target Action Group, who were forced to tackle him to ground.
There was a "one-second burst of OC spray" and "there was an attempt to run away".
Magistrate Julie Soars said Heywood was "shouldered to the ground for the arrest".
[He was] restrained by force, arrested by force and then he resisted that arrest.
- Magistrate Julie Soars
"[He was] restrained by force, arrested by force and then he resisted that arrest."
The court heard he had 1.02g of MDMA on him.
He had strong family and community ties and, as a qualified tradesman, he hoped to return to paid work on his release.
Heywood, who was already on a conditional bond at the time, was re-sentenced to finish his 88 hours of community service. Ms Soars also warned him to stay off the drugs.
"The drugs are insidious; they're terrible," she said.
"If you're in and out of custody, you put your [family members] at risk of following that fate."
Heywood was found not guilty after a hearing for a charge of possessing an extendable baton, after his solicitor argued proper paperwork and processes had not been followed.
Mr Floyd had argued against the legality of the search of a car where an "extendable baton" was found.
He told the court that, when police searched Heywood, they found keys on him, then later found the car.
"No observation of Mr Heywood in that vehicle or with that baton," he said.
"He entered an area, he'd left an area, some things happened after and he was arrested."
Ms Soars ruled DNA material was inadmissible and certain evidence had not been served as part of the police brief, dismissing the charge.
Breanna Chillingworth
Northern Daily Leader Senior Crime and Court Reporter
Northern Daily Leader Senior Crime and Court Reporter
