A Griffith man who attempted to smuggle almost 280 grams of ice into the Riverina while his mobile phone was being tracked by police has been jailed for up to two-and-a-half years.
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Daniel Michael O'Toole, 31, of Griffith, appeared in Albury District Court on June 24 for sentencing having earlier pleaded guilty to supplying a prohibited drug in a commercial quantity.
O'Toole and a female co-accused had a black leather case containing methylamphetamine concealed between the boot and rear seat of their vehicle when they were pulled over by police at Beelbangera in June last year.
An agreed statement of police facts said investigators were monitoring O'Toole's telephone intercept data on June 6 as they suspected that he was travelling from the Greater Goulburn area with a significant quantity of ice.
O'Toole's phone was tracked as he travelled to Griffith and police pulled over a car at 4.15am that was being driven by his co-accused.
The pair told police that they had earlier travelled from Griffith to Barellan and were now returning to Griffith, which the investigators knew was false.
Officers found a clear plastic bag of ice weighing 279 grams and with a purity of 76 per cent in the hidden leather case.
A search of O'Toole turned up $600 in cash, two mobile phones and a clear bag with ice residue, which he said was his and related to drugs that he had consumed.
When questioned at the scene, O'Toole denied any knowledge of a commercial quantity of prohibited drugs.
The pair were arrested and conveyed the Griffith Police Station. Both participated in electronically recorded interviews in which they claimed they spent the evening in Cootamundra.
Police discovered that O'Toole had booked a room for June 4 to 10 and the Centrepoint Motel in Griffith.
O'Toole's luggage at the hotel was provided to police and included a black backpack contained scales, small plastic bags and other drug paraphernalia.
Police discovered photos of O'Toole and the female co-accused holding substantial amounts of cash and packed quantities of crystalline substances on their phones.
Documents from the pair's financial institutions showed significant amounts of money had been transferred into and out of their bank accounts.
In his sentencing remarks, Judge Sean Grant noted that "significant resources are expended by law enforcement authorities to detect and prosecute these types of offences".
He said O'Toole had "a very unimpressive criminal record, with convictions for drug offences, violence, including domestic violence, theft and dishonesty as well as driving offences".
O'Toole was the youngest of his siblings and grew up on a farm in Binya but his family was forced to sell the land due to drought and other financial issues.
O'Toole told a psychiatrist that he hit the party drugs "pretty hard" from the age of 16 to cope with trauma and experimented with numerous other drugs when he moved to Wagga at the age of 18.
He developed a severe ice addiction and was injecting up to 3.5 grams per day in the 18 months leading up to his arrest and contracted hepatitis C from his use of needles.
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Approximately two years ago, he was admitted to Griffith hospital for two days and diagnosed with a drug-induced psychosis.
Judge Grant found that O'Toole's moral culpability in his offending was reduced due to his mental health and drug issues stemming from his abuse.
"[O'Toole] told the court that he understood the negative impact that drug use has on people's lives, drawing from his own experience in being sentenced to numerous terms of imprisonment," Judge Grant stated.
"He realises the capacity of illicit drugs to destroy the lives of people who use them.
"He expressed remorse for his offending, describing his drug use as a disgusting habit. In evidence, he said that he was sorry. I accept that this offender is remorseful and contrite."
Judge Grant also found that O'Toole had "some prospects of rehabilitation" due to family support and his willingness to enter and complete drug rehabilitation and that reduced some of the necessary punishment to deter other offenders.
Judge Grant set a non-parole period of one year and eight months with O'Toole to be eligible for parole in May 2023.
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