Barry Robert Mcgilvery avoids jail after supplying drugs to teenage girl

A Coast man who lived a “blameless” life before he supplied a 16-year-old with drugs on a number of occasions has avoided a prison sentence.

Police raided Barry Robert Mcgilvery's Beerwah address on April 29, last year when he admitted to supplying a16-year-old relative with marijuana. Picture: Laura Pettigrew.

A Coast man who lived a “blameless” life before he supplied a 16-year-old with drugs on a number of occasions has avoided a prison sentence.

Police raided Barry Robert Mcgilvery’s Beerwah address on April 29, last year when he admitted to supplying a 16-year-old close female relative with marijuana.

Lawyer representing the crown Joana Dias said police had found 19g of marijuana and a set of scales before the reason for Mcgilvery’s possession became clear.

“ (Mcgilvery) went on to make admissions the scales and bags were used by him to package cannabis to supply to (the close relative) … who was 16 years old, so that he knew the quantity being given,” she said.

“(He) admitted to purchasing and supplying ... 6g of cannabis on each of the four occasions roughly once a fortnight during the period of the 1st of February, 2020 to 30th of April, 2020.”

Ms Dias said supplying drugs to a minor was a serious offence and suggested a short suspended prison sentence.

“Cannabis is not a harmless drug and there are significant, adverse effects giving this drug to a minor can have,” she said.

On Friday the Maroochydore District Court heard Mcgilvery was never a drug user and had no criminal history.

He pleaded guilty to four counts of aggravated supply of dangerous drugs to a minor 16 years or more, one of possessing dangerous drugs and possessing property suspected of having been used in the commission of a drug offence.

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Barrister Ambyr Cousen said the now 66 year old found out the close relative was buying marijuana and described his offending as “unique”.

“While misguided in hindsight … his motivation behind the offence was if (the close relative) was going out and sourcing cannabis he would rather her not have to have contact with those selling it and to also be able to monitor the amounts she was using,” she said.

Ms Cousen said her client could have faced a magistrates court on lesser charges had he not been so candid to police with his admissions.

Ms Cousen said Mcgilvery, who wrote an apology letter to the court, was described as a kind, considerate and friendly man who had a good work ethic.

“Mr Mcgilvery is a hard working otherwise upstanding member or society who made a very bad decision based on a bad judgment, but with the best of intentions,” she said.

“He is deeply sorry and terribly embarrassed in the position he finds himself in (and) he further notes he knows drugs are a terrible thing in society and he is very sorry that he has contributed to it.”

She said Mcgilvery, who was currently working as a fruit picker and distributor, was hoping to find a new job and asked Judge Ken Barlow not to record a conviction.

Mr Barlow noted Mcgilvery had led a “blameless” life but made a mistake while trying to be kind and helpful to his relative to prevent her from getting involved in more serious offences.

Mr Barlow said prison was not an appropriate sentence and fined Mcgilvery $1500.

Mcgilvery was ordered to complete 50 hours of community service in one year.

Convictions were not recorded.

Originally published as Barry Robert Mcgilvery avoids jail after supplying drugs to teenage girl