Man facing court for drugs declares ‘discrimination’
After pleading guilty to possessing marijuana and utensils, he said it was ‘discrimination’
Police & Courts
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A MACKAY Magistrates has slapped aside a man’s “rubbish” discrimination claim while fronting court for possessing marijuana and drug items.
Police searched a Mackay property on May 9 this year and found drugs and used utensils belonging to Bradley Garrett.
Self represented, he pleaded guilty in Mackay Magistrates Court to the two charges and when asked if he had anything to say he lashed out claiming discrimination.
“Why am I being discriminated against?” he said.
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Magistrate Damien Dwyer queried “how” he was being discriminated against.
“In several other states across Australia there are millions of people where this is decriminalised, there are millions of people where this is legalised,” Barrett said.
“That might be the case, but it’s not in Queensland,” Mr Dwyer said.
“Then I’m being discriminated against, your honour,” Mr Barrett maintained.
In Queensland marijuana is a schedule two drug, and under state law possessing is not the same as owning – a person can be in possession of a drug even if they did not buy it.
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For example, if someone knows where drugs are stashed in their share house or if they are holding the drugs for someone else, they can be charged with possession.
Mr Dwyer told Barrett if he wanted to live in a place where marijuana was decriminalised “move to all those places”.
“But if you want to live in Queensland, you obey Queensland law,” he said.
“And you’re not being discriminated against, that is the law for every person who … is in Queensland.”
When Barrett further pushed his discrimination claim, Mr Dwyer said, “you’re talking rubbish.”
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The pleas were deemed early and timely. The court heard Barrett’s criminal history was dated with the last drug offence entry 16 years ago.
Barrett was fined $500 and convictions were not recorded.