Scott Jasperse jailed for 12 months after a Mackay Magistrate found $110k in cash was likely linked to drug offending

Man denied the money was linked to criminal activity, but a magistrate said it was a ‘hopeless case’.

A man has been jailed after he was busted with almost $110,000 in cash and later refused to give up access to his mobile phone. Picture: istock

The Crown has claimed $110,000 after a Mackay father of two lost a "hopeless case" when he denied the cash was the proceeds of a criminal offence.

Magistrate Bronwyn Hartigan said the 40 year old also "stymied a police investigation" and potentially concealed more serious offending when he refused to give up the passcode to his phone.

When police searched a Grasstree Beach property on August 27, 2020 officers found drugs - marijuana and ecstasy, utensils and a huge stash of cash, $109,965, which they alleged to be tainted property.

Mackay Magistrates Court heard Scott Jasperse had pleaded guilty to eight drug-related offences, but not guilty to possessing tainted property.

On August 31, he was again caught with marijuana and a water pipe, and refused to give police access to his phone.

Mackay Magistrates Court heard the qualified chef offered a number of excuses including the phone was not his, he did not have a phone, the phone belonged to a prostitute who had visited the property, and he wanted to protect the identity of his children.

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"Your criminality in relation to that offence is high," Ms Hartigan said.

"The weight of the evidence points to you concealing some form of unlawful conduct."

The court heard Jasperse had pleaded guilty to eight drug-related charges but not guilty to possessing tainted property, which went to a hearing on May 11.

"You did not give evidence at your trial, as is your right," Ms Hartigan said, adding Jasperse had called two witnesses, including his long-term partner, in order to exculpate himself who "I found to be untruthful".

Ms Hartigan told the court looking at all the circumstances of the case the cash met the definition of tainted property, meaning it was "derived from the commission of an offence".

"Which I found to be most likely a drug offence by reference to the items seized by police on that day," she said.

"I make it very clear that I am not making a finding that you in fact sold drugs. You are facing no such charge and you will not be punished for charges that do not exist."

Ms Hartigan said Jasperse showed no remorse in relation to the cash by "running a hopeless case in my view", while his refusal to allow police access to his phone "strikes at the heart of the criminal justice system".

The court heard he had been on a suspended jail sentence at the time he committed these offences.

Ms Hartigan accepted Jasperse had completed a drug rehabilitation course with Lives Lived Well, even though no documented evidence was tendered to the court.

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It was urged on Ms Hartigan not to send Jasperse back into custody given his broken childhood - the court heard he also had two children and an offer of employment.

"You have been into custody before … and it did not deter you from further offending," Ms Hartigan said.

"You have no one to blame but yourself for your current situation.

"Often children suffer as a result of a parent's criminal offending and they are collateral damage."

Jasperse was jailed for 12 months with parole release after four months.

The $109,965 in cash and drug utensils were forfeited to the Crown and convictions were recorded.

He was also fined $500 and disqualified from driving for two months for drug-driving with ice and marijuana in his system on August 18, 2020.

Originally published as Scott Jasperse jailed for 12 months after a Mackay Magistrate found $110k in cash was likely linked to drug offending