Dean Smyth sentenced over drug offences in Bundaberg Supreme Court

A tree-lopper turned drug dealer, caught with a whopping stash of meth and marijuana has told of his ‘fierce determination’ to ditch the habit that led to a crash and ultimately, a date with the Supreme Court.

A drug dealer, busted with a whopping haul of meth, cocaine and marijuana, says he wants to turn his life around.

Dean Smyth, 41, appeared in the Bundaberg Supreme Court on Tuesday where he faced numerous charges related to his drug offending.

The court heard Smyth had a three-page criminal history which started with minor offending in the magistrate’s court, however his most serious offence was revealed on June 12, 2020.

A search warrant was issued for Smyth’s home on that day, where the told police there were some items in his bedroom which he wished to declare.

Police found .495 of meth in one container, a separate container with a substance weighing 4.296g and containing 2.6g pure meth, a clip-seal bag containing 27g of meth with a purity of 13.074g, another containing .314g pure meth, and .219g of pure meth inside a substance in bag.

Crown Prosecutor Stipe Drinovac told the court Smyth was selling the drugs which defence barrister Callan Cassidy denied, claiming his client had used the drugs for his own purposes and bagged them up into single-use amounts for himself.

Justice Graeme Crow didn’t accept that, noting the offending constituted a “very serious count” and the drugs had a 43 to 59.1 per cent purity rate.

“The pure amount of drug and different purities make it plain to me that the possession of that amount of drug was, plainly, partly for commercial purposes,” he said.

The court heard that during the search police found an overall total of 16.774g of pure meth and also found .183g of cocaine in a bag on a shelf, in addition to 87g of cannabis hidden in a Danish butter cookie tin.

Police seized the drugs as well as a number of utensils.

The court heard Smyth had declined a police interview and was issued with a notice to appear.

But while on both bail and probation, Smyth continued to offend.

On December 5, 2020, police were patrolling the East End Hotel where Smyth was sitting next to a motorbike with no registration plates, sweating and fidgeting.

A search revealed two bags of cannabis inside Smyth’s backpack, totalling 7g.

Police also found digital scales and a medium sized hunting knife.

It wouldn’t be long before police encountered Smyth once again.

This time, on December 8, 2020, he crashed his car into a cement culvert on Avoca Rd, Millbank.

The court heard Smyth was so intoxicated by drugs at the time of the crash, he was unable to talk to police.

Officers found 3g of cannabis on Smyth and he was taken to Bundaberg hospital.

Just 20 days after the crash, Smyth was stopped in a car and police found 37.5g of cannabis under the driver seat as well as scales and a zipped bag containing five bags of meth, four of which contained just under .1g and one which contained half a gram.

During another vehicle intercept on March 19, 2021, police saw Smyth push a black bag under his car seat.

When police patted Smyth down, they found he had a package in his crotch area and asked him to remove it.

The package contained a small amount of cannabis.

The black bag contained two bags of cannabis, weighing 9g total, as well as two bags with a total of 2.76g of meth, a syringe and needle.

Another car intercept on May 23, 2021, revealed Smyth had three clip-seal bags containing 14.64g of cannabis.

The court heard Smyth had graduated Year 12, had a number of certifications and had been employed most of his adult life and had worked in Bundaberg, Mackay and the Fraser Coast in hospitality industry, as a truck driver and chef.

But it was in 2017, while working as a tree lopper that Smyth had a large gum tree fall on his head, leading to six months of bed rest.

The court heard that at one point, Smyth’s drug use had affected his health so badly that his heart was only operating at a quarter of its capacity.

Smyth pleaded guilty to one count possessing a dangerous drug in excess of 2g, nine counts of possessing a dangerous drug, one count of possessing anything in the commission of a crime, two counts of possessing pipes or utensils that have been used, one charge of possession of a knife in a public place, one charge fail to properly dispose of a needle or syringe.

The court heard Smyth had a “fierce determination” in battling his drug issues, completing numerous rehabilitation programs and aiming to be an active and contributing member of society.

It was heard Smyth has a supportive employer ready to give him work.

In sentencing, Justice Crow noted Smyth’s efforts at rehabilitation and have him one opportunity to keep himself from serving actual prison time.

Smyth received a sentence of three years’ with immediate parole for the most serious count of possessing a dangerous drug over 2g.

For all other offences, he was convicted but not further punished.