Counsel Tony Robinson said Eyles was trying to alleviate financial hardship rather than selling the drugs and alcohol to support an addiction. He had previously undergone a significant period of counselling for alcohol and drug abuse.
Last conviction five years agoWhile Eyles had a history of dishonesty offending, his last such conviction was five years ago. He had just one other conviction for cannabis offending, which was 22 years ago.
The “tinnies” police found had been delivered to Eyles only that day. Judge Cathcart said the concern for the court was the unknown extent of Eyles’ cannabis offending.
The court was bound to sentence on the amount police found that day but he was concerned the extent of Eyles’ drug offending could have been more.
The judge said his sentencing notes would be placed on Eyles’ file for reference should he appear again before a court for similar offending.
The judge queried why Eyles had not been charged with selling cannabis, given there was supposedly 700 to 800 pages of text messages in support of the offending. Mr Robinson said such messages were vague and many related to the alcohol.
Police sought an order for the destruction of five cell phones involved in messaging, along with a large amount of other property seized from Eyles including brewing equipment, four bottles of spirits, notebooks and two electronic tablets.
Eyles objected to destruction of the cell phones, saying they contained precious pictures of his children. Judge Cathcart said the issue would be discussed at a forfeiture hearing later.