CQ drug dealer's rehab efforts save him from jail time
AN EMERALD man on the road to redemption was extremely lucky to escape with his freedom after his phone revealed to police a busy period of supplying drugs.
Ayden Christopher John Brodsky, 22, appeared contrite today in the Rockhampton District Court as he pleaded guilty to 24 charges of supplying a dangerous drug, one charge of possessing a dangerous drug and one charge of possessing a thing (phone) in the commission of a crime.
Crown Prosecutor Elise Sargent said Brodsky's two page criminal history acquired over the past seven years contained numerous indiscretions including possessing drugs, drug utensils and tainted property.
Describing the facts of the matter, Ms Sargent said on March 10, 2016, a search warrant was executed at Brodsky's address in Emerald.
"They located 17g of cannabis, 110 cannabis seeds, a grinder, a water pipe, a cone piece and some clip seal bags,” she said.
"The defendant's phone was seized and also downloaded, text messages and Facebook Messenger messages were located.
"In relation to the supplies, the messages showed that the defendant supplied cannabis on 23 occasions and MDMA on one occasion taking place over an eight-day period from March 2 till March 10.”
She said the messages said Brodsky had 15 customers with 13 active cannabis supplies, 10 acts preparatory to supply cannabis with the supply of 10 MDMA tablets also completed during this time.
According to the prosecution, a total of 84.6g of cannabis was supplied by Brodsky with a street value of $1630 and $250 worth of MDMA.
She said Brodsky often advertised he had drugs available to his contacts and said he displayed guile by warning them not to specifically reference the deals taking place via text.
After his arrest she said he downplayed his role to police saying he was a "middleman” and made admissions during his interview downplaying his role - facts not accepted by the prosecution.
They said the frequency of the drug dealing and the supply of MDMA, a schedule one drug, were aggravating factors, in addition to Brodsky breaching his existing probation order.
In his defence, Barrister Matthew Heelan said Brodsky was a young man, with a two-year-old son, and he tendered letters of support to the judge from Brodsky's partner and father.
"His partner gave birth to their second child in January 2016, however, tragically their second child did not survive,” he said.
"That marked a period for Brodsky and as part of that grieving, unfortunately, he's turned to heavy cannabis use.
"He lost control of his addiction, his partner left him and took his son with her.”
Mr Heelan said his addiction led to his offending and also saw him lose his job at the time leading to "the lowest point in his young life”.
Since being on bail for his crimes, he said Brodsky had been "motivated to turn his life around” and take responsibility for the grief that contributed to his illegal behaviour.
"No doubt one of those factors was the legitimate fear of spending actual time in prison,” Mr Heelan said.
"He has chosen to distance himself from drugs, he has secured employment with Downer EDI mining and worked there for the last six months.
"He has just reached the end of his probationary period in his role operating heavy machinery.”
Mr Heelan said as a consequence of this employment, Brodsky is drug tested regularly on the mine site and by allowing him to be released on parole, it would ensure he kept his employment and a chance to "prove himself on parole”.
Judge Michael Burnett said Brodsky's efforts to reform his life hadn't gone unnoticed.
"Mr Brodsky, but for the fact that you have demonstrated genuine acts of rehabilitation, you could be sure that you would be going to prison today,” he said.
He said Brodsky wasn't getting off lightly as he handed down an 18-month suspended sentence requiring strict parole supervision.
"This will be your last chance, if you breach sometime in the next 18 months, you'll be taken straight to prison with the consequences that would flow to your employment,” Mr Burnett said.
"It is in the community's interests that you be given an opportunity to progress with your demonstrated rehabilitation, recognising you're now back in employment in an industry where you are regularly drug tested.
"It is to everybody's advantage to see you develop into a functional member of our community and in turn develop a functional household so that the cycle of drugs can be broken.”