A search found a total of 32.9 grams of cannabis in 12 prewrapped “tinnies” and five plastic snap-lock bags. Also found were a roll of tinfoil, four pre-cut pieces of tinfoil, scissors, $80 cash, and a cannabis pipe.
The amount of cannabis was 4.9grams above the presumptive weight for a supply charge.
Ria confessed to selling two tinnies that night, saying he was trying to get extra money to pay his bills.
Judge Cathcart noted it was Ria's first offence, lower level and unsophisticated, but nonetheless serious by nature.
Given what was found, it was not a one-off that day. Ria was clearly preparing for future sales.
Everything about the facts pointed to Ria being a “drug dealer”, albeit a low level one. While many people did not like that term, Ria needed to accept that was what he was. Fortunately, he also seemed to be of strong enough character to handle it, the judge said.
There was lengthy discussion between the judge and counsel Dave Walker as to the application for the reprieve.
Mr Walker told the court Ria was expecting his first child at Christmas. He was well thought of by his peers, had strong family support, and was deeply embarrassed by the offending. He had self-referred to drug counselling.
Granting the reprieve, Judge Cathcart said it was only due to Ria's young age and the effect a conviction for an offence of this type would have on his future employment prospects. Those were the strongest grounds advanced, the judge said.
He set aside another ground advanced — that Ria stood to lose his job.
Even if he did not convict Ria the school would still need to make its own assessment as to his suitability to continue working there, Judge Cathcart said. The school had an independent obligation to assess whether Ria, who has close contact with children, should remain there. Parents of the student body were also entitled to know about the offending.
The judge noted a supportive letter from the school's assistant principal Tom Cairns who said “if found guilty of a drug offence” Ria would lose his employment there. Ria worked with children with specific difficulties and had enormous success with one boy in particular, Mr Cairns wrote. He urged the court not to deal with Ria in a detrimental way.
Judge Cathcart noted it was not a matter of whether Ria would be “found guilty” of the offence — he was guilty of it despite a conviction being entered or not.
It was not clear whether Mr Cairns made a mistake in the letter and was actually referring to the potential for a conviction to cause Ria to lose his job.
The court could not be sure of that outcome but nonetheless it was ultimately a matter for the board of trustees, probably based on the recommendation of Mr Cairns, the judge said.
