Samuel John Baretta learns fate after drug driving, drug possession charges

A young Mackay man busted twice for drug driving and possessing cocaine learned his fate after appeals on his behalf for probation.

25 year old Samuel John Baretta faced Mackay Magistrates Court for a raft of charges including possession of around six grams of cocaine. Photo: Fergus Gregg

A Mackay magistrate heard about a young man’s struggle with mental health and addiction which ultimately led to him being caught twice for drug driving and drug possession.

Samuel John Baretta, 25, was driving in West Mackay on June 29, 2024 when he was randomly pulled over by patrolling police who administered an RBT.

The court heard he passed the breath test, but when he was tested for drugs the results came back positive for meth, marijuana and cocaine.

After a search of his car they found around 5 grams of marijuana and a straw police said was used for the consumption of drugs.

Baretta is 25 years old with no children and no dependants and previously worked as a storeman before becoming unemployed earlier this year. Photo: Fergus Gregg

On July 20 police were called to the Shoal Point Waters Estate to conduct patrols and a welfare check on a driver reportedly passed out in a green Holden Commodore.

When police arrived they saw the vehicle pull into a parking bay, approached the car and identified the driver as Baretta.

The court heard when police went to search the car Baretta told them he had a glass pipe in the centre console and when Baretta was questioned by police he admitted to smoking meth with the glass pipe.

Baretta was once again pulled over in West Mackay, on Bridge Rd August 2, at 11.40pm by police where he was again subjected to a drug test and found under the influence of drugs.

The court heard a search revealed six grams of cocaine contained in small bags.

Baretta faced a raft of charges including two counts of driving while relevant drug is present in blood or saliva, possession of dangerous drugs and possession of property suspected of having been used in connection with the commission of a drug offence.

He was convicted in 2019 for possessing a dangerous drug and given a good behaviour bond, but given the time since this offence Ms Hartigan treated him as a young person with no criminal history to speak of.

Defence lawyer Marcus Hahn said Baretta had participated in weekly drug tests starting in November, passing each one, and had “demonstrated that he is committed to rehabilitation” through psychologist sessions and counselling.

A report provided to the court from Baretta’s GP also revealed he was diagnosed with a “major depression disorder and generalised anxiety disorder”.

Mr Hahn said Baretta was close with his family, including his father who was present in court, who provide a strong support network and “have been a strong assistance since being charged”.

Ms Hartigan said a lack of other court precedents in matters of cocaine possession over two grams prevented her from giving Baretta a community based order and she was instead considering a suspended jail sentence.

Magistrate Bronwyn Hartigan said it was a very unusual penalty for the offence. Photo: Fergus Gregg

“I understand where you’re coming from, you’ve done all these things and that’s great, but I still have to be guided by the cases that tell me probation is not within the range for six grams of a schedule one drug,” Ms Hartigan said.

Mr Hahn said his ultimate submission to the court was an appeal to give Baretta supervision to continue his rehabilitation.

Ms Hartigan adjourned the matter until December 17 for sentencing and told Mr Hahn to find a supreme court case that would back up his appeal for probation.

When court resumed on December 17, Mr Hahn provided a precedent set by similar sentencing and Ms Hartigan took it into account.

Baretta pleaded guilty to all charges and was sentenced to two years of probation and ordered to complete 200 hours of community service for his cocaine possession and he was ordered to pay $500 for each offence of drug driving, $300 for marijuana possession, and $500 total for possession of his pipe and straw.

He was disqualified from holding a drivers license for three months.

Ms Hartigan also added a provision to his probation that he be continually drug tested and not consume any illicit substances for the duration of his probation.

“I have given you this opportunity, don’t squander it,” Ms Hartigan said.

“Good luck on your probation and community service order and your journey towards rehabilitation.”