LOCAL magistrates have sent conflicting messages to the community over drug sentencing, with one saying not all ice dealers should go to jail.
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Magistrate John Lesser made the comment during the sentencing of Jason Cooper, who also obstructed police officers after pleading guilty to drug trafficking.
Police prosecutor Sergeant Sandra Skilton had submitted that the community expected all ice traffickers to be jailed.
Mr Lesser said he did not believe that was the correct approach and community interests could be better served by not immediately imprisoning all dealers.
He said that since being charged with trafficking Cooper, 25, of North Road, Mortlake, had cleaned up his act.
However, that message conflicts with a statement previously made by Mr Lesser’s fellow magistrate Peter Mellas.
In January this year Mr Mellas sent a clear message to ice traffickers — sell crystal methamphetamine and you will go to jail.
He made the comments while jailing young Terang drug user-turned-trafficker Jarrod Wynd to an immediate nine months.
Mr Mellas said it had taken courts and the community time to appreciate the damage caused by crystal methamphetamine, or ice.
He said ice caused unheard of damage to users and the community and those who trafficked the drug on a commercial basis would serve jail time.
Mr Mellas then backed up his comments as he jailed a number of ice traffickers in coming months.
The perception among those in the south-west law fraternity is that Mr Mellas imposes harsher sentences for ice trafficking, which has led to the suggestion of magistrate shopping.
Last Friday Mr Lesser placed Cooper on a two-year CCO with conditions he perform 250 hours’ community work and undertake supervision, treatment and rehabilitation in relation to drug, alcohol and mental health issues.
Cooper will return to court on February 9 next year for judicial monitoring. “You deserve this chance but really have to make something of it,” Mr Lesser warned Cooper.
In August Cooper pleaded guilty in Warrnambool Magistrates Court to trafficking cannabis and crystal methamphetamine, possessing cannabis and prescription medication and having a prohibited weapon.
Police said Cooper started trafficking cannabis in early October last year before adding ice to his dealings in January.
Officers executed a search warrant at Cooper’s Crawley Street home on May 15 and found cannabis, two mobile phones, three sets of scales, ammunition, laser sights, prescription medication, a glass smoking pipe, crossbow and $800 in cash.
In August Cooper pleaded guilty to drug dealing.
In late September Cooper’s sister was involved in a domestic dispute during which she was alleged to have stabbed her partner.
Police went to her Crawley Street home to arrest her and when officers arrived she was requested to remove a red T-shirt which appeared to be blood-stained.
Cooper put the red T-shirt down his pants and said he was “going to p--- on it”.
Mr Lesser said Cooper had shown poor judgment and convicted and fined him $500 for obstructing police
