Sparky’s ‘bad luck’ leads to drug fine

A man was charged with drug offences after being at a house just as a search warrant was executed.

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A PRESTON man has been given a "wakeup call" after he was caught with cannabis and a bong.

On Monday, Proserpine Magistrates Court was told how Sean Joseph Tozer, 30, was at his former partner's house and it was "bad luck" that police executed a search warrant at that time.

Police Prosecutor Sergeant Emma Myors said police had executed a search warrant at a Faust Street address, at 6.35pm on May 15, and found the defendant there.

"During a search of his bag, police found a small clip seal bag with 2.3g of cannabis," she said.

"They also found a homemade water pipe in the bag. The defendant said he had not used the utensil."

Tozer, who appeared by video as he was in custody, pleaded guilty to unlawful possession of a bong, unlawful possession of cannabis and also breaching a protection order by being at his former partner's home.

Defence solicitor Peta Vernon said Tozer was an electrician by trade and the relationship with his former partner had been "on and off" for the whole time.

"She asked him to come over but it was bad luck the police executed the search warrant while he was there," she said, adding Tozer was on a suspended sentence.

"The cannabis was for personal use and the utensils were not his but he accepts he had them in his possession. It's minor offending - no one had to call police because of an argument."

Magistrate James Morton said it was a technical breach, and Tozer also had no previous entries for drug offences.

Magistrate Morton fined him $350 with a conviction recorded and ordered the utensils to be seized.

He also extended the operational period of the suspended sentence by three months, saying this was a "wakeup call" for Tozer.

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