DOPE: David Wayne Breasley, 57, from East Ipswich, leaves Ipswich Magistrates Court.
DOPE: David Wayne Breasley, 57, from East Ipswich, leaves Ipswich Magistrates Court. Ross Irby

Dope smoker bust after toilet flushing fail

SOUNDS of a flushing loo greeted police when Ipswich officers twice raided the home of a heavy dope smoker.

"It's my Christmas stash," the long term user told police who seized his illicit drugs just before the festive season.

But after 40 years of smoking marijuana, David Breasley says he will now give up the drug.

David Wayne Breasley, 57, from East Ipswich, pleaded guilty in Ipswich Magistrates Court to a series of drug charges including two counts of possession of dangerous drugs - marijuana and methylamphetamine; possession of drug utensils; possession of things used in a drug offence; possession of dangerous drugs - schedule 2 drug quantity.

Prosecutor, Senior Constable Bernard Elmore said the offences took place on October 26, 2018, and December 5.

He said when police went to the house in December, they heard Breasley flushing the toilet as they arrived.

Clip seal bags held green, leafy material and a set of digital scales was found. Green, leafy material was found inside the toilet bowl.

Breasley told the police the amount of marijuana would have weighed 40g.

Sen-Constable Elmore said 621.2g of marijuana was found. Some of it was in Cryovac vacuum bags.

The wet marijuana found in the toilet bowl was weighed - its damp weight was 157.6g.

And $4000 in $50 notes was found in a cupboard of a woman's bedroom at the share house. She told police the money was hers but it was seized for further investigation.

Sen-Constable Elmore said police also searched Breasley's house in October and officers again heard flushing the toilet on arrival.

Two clip seal bags were found and retrieved by officers from the toilet bowl.

One held crystal residue, Breasley saying it was ice that he smoked.

Green, leafy material was found inside two small plastic bags in his bedroom. A glass pipe and water pipe were also found.

Defence lawyer Mathew Tyrrell said Breasley was a disability pensioner with health issues and on a puffer for his emphysema.

He said Breasley spent three nights in custody at the Ipswich police watch-house and was taken to hospital for a heart ailment.

It was the first time he'd ever been held in custody despite receiving court sentences in NSW for drug offences.

Mr Tyrrell said Breasley instructed that he was a habitual marijuana smoker since a teenager.

This was relevant to the amount of drugs police found.

"The drugs were held solely for his personal use. When asked to explain by police, he said 'it was my Christmas stash'," Mr Tyrrell said.

"He obtained the drugs cheaply. Given he is a disability pensioner, he took advantage of that deal."

Mr Tyrrell said police also seized three mobile phones and found no evidence or suggestion of supply.

He said police had not yet returned the $4000 cash found in the room of his housemate.

Breasley was now finding an alternative plan to move away from any drug associates and to obtain assistance without the need to use marijuana.

His brief time in custody had been a real wake-up call - "he does understand he cannot continue to live his life by smoking marijuana".

Magistrate Andy Cridland said very rarely in matters before the lower court did it see such a large quantity of drugs. There was no evidence to show it was anything but for personal use.

Mr Cridland sentenced Breasley to 18 months of supervised probation.

It would include drug counselling, programs, and urine tests.



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