Billy Jaye Hayes being abused in prison as he awaits sentencing for drug trafficking, gun possession

A new father awaiting sentencing for drug trafficking and weapons is being "preyed on" in jail, but his lawyer says he's not seeking sympathy.

An Everard Park man who confessed to drug trafficking and gun possession is being “preyed upon” and abused in custody, a court has heard. 

David Moen told the District Court on Tuesday his client Billy Jaye Hayes, 33, has been physically and sexually abused in the prison system and continues to have anxiety and stress because of his placement in the general population.

During sentencing submissions, he said he was not seeking a home detention sentence or to invoke any sympathy but asked Judge Heath Barklay “to put this gentleman in a place different from the usual person" who appears for sentencing.

Hayes earlier pleaded guilty to a raft of charges, including four counts of trafficking in a controlled drug as well as three counts of possessing a firearm.

 

Billy Jaye Hayes has been arrested for gun and drug offences. Picture: Supplied

Prosecution earlier did not proceed with charges against his former co-accused and current partner Samantha Kane, who has recently given birth to their child. 

Prosecution also earlier withdrew accusations of Hayes threatening a woman with a firearm.

It was previously alleged that Hayes went to a Torrensville address and threatened to kill a woman in June.

It was further alleged that he used or threatened to use a firearm during the incident.

Court records earlier showed prosecutors withdrew a series of charges, including threatening to kill or endanger life and traffic offences.

Police alleged that last June Hayes was followed by a patrol before he came to a stop on David Ave in Black Forest. Police said he allegedly attempted to run but was arrested a short distance away.

When police searched the vehicle, they allegedly found a loaded .22 sawn-off rifle, a sawn-off shotgun, ammunition, cannabis, 30g of ecstasy, 100g of methamphetamine, 4g of cocaine, an amount of cash and other drug paraphernalia.

 

 

Mr Moen said the firearms possessed by Hayes were “partly for the purposes of his protection”.

“But it also has to be seen in light of the possession of the drugs at the same time and no doubt, as your honour will say, that people who are involved in the drug trade need firearms to protect themselves as well,” he said. 

He said his client had a drug addition around June last year and some of the drugs in his possession were for personal use.

Prosecution said the director did not accept that personal protection was the sole reason Hayes had firearms and “that there would have been reasons outside of that, including to protect himself during the sale of drugs”. 

Additionally, she said while the director accepted that Hayes was a drug user, their position was that a significant portion of the drugs were intended for sale. 

Prosecution said Hayes had a relatively lengthy history, mainly involving offences of violence.

Hayes will be sentenced in May.