Joshua McFarlane breached home detention order for vicious assault and theft at Christies Down

An addict who assaulted and robbed a man used up his last get out of jail free card after his claim he “passively inhaled” meth was debunked by an expert.

A thug who tried to convince a court that he must have passively inhaled meth was told he had used up his last chance.

Joshua John McFarlane, 30, was jailed in the Adelaide District Court on Friday, after the “powerful incentive” of caring for his terminally ill mother wasn’t enough to quit meth.

McFarlane, who pleaded guilty to assault and theft, was ordered in February to serve his 13-month jail term, with a non-parole period of seven months on home detention.

The court previously heard the victim drove to a Christies Downs address on November 8, 2019.

“There he, and an acquaintance of his, went into a shed so his acquaintance could smoke some methamphetamine,” Judge Paul Muscat said during sentencing.

McFarlane arrived at the shed with another man.

“Both of you were armed. You were carrying a tomahawk and your companion was holding a hammer,” Judge Muscat said.

The victim tried to leave but McFarlane demanded his car keys and mobile.

“Your co-offender then threatened the victim with a hammer and also struck him on the left leg with it,” Judge Muscat said.

“At some point, the victim says that he was also tasered.”

The victim was told that if he wanted his car back he would have to pay $2000.

Joshua McFarlane returned positive drug tests. Picture: Facebook

A condition of McFarlane’s sentence was that he wasn’t allowed to consume illicit drugs.

The Adelaide District Court on Friday heard McFarlane had relapsed into methamphetamine use and returned positive drug tests.

Indianna Davis, for McFarlane, previously told the court he said he hadn’t consumed methamphetamine on one occasion and must have passively inhaled it.

“He hopes it isn’t too little, too late and that he can be given one last chance to continue doing the right thing,” she said.

However, after the court received an expert’s opinion on Friday, it was determined that the levels of methamphetamine in McFarlane’s urine contradicted this.

“Regrettably, rather than using the proceedings to try to rehabilitate yourself you have gone the other way and succumbed to ongoing drug use,” Judge Muscat said.

Judge Muscat said despite the “power incentive” of caring for his sick mother, McFarlane had shown little regard for court orders.

McFarlane, of Morphett Vale, pleaded guilty to breaching his home detention order.

Judge Muscat said he had little confidence McFarlane would remain drug free on home detention if given another chance.

He revoked McFarlane’s home detention order and ordered the balance be served in custody.

McFarlane will be required to serve over five months in custody before he is eligible for parole.