Byron Bay man convicted of cocaine supply, breaching AVO after calling his ex dozens of times while in jail

The Northern Rivers man used other inmates’ devices to call his ex-partner, despite an AVO.

A Byron Bay man convicted of cocaine supply and repeatedly breaching an AVO by calling his ex from prison has avoided more time behind bars.

Samuel Burley, 35, wore pale linens and Birkenstocks when he appeared before Byron Bay Local Court for sentencing on Tuesday.

He had earlier pleaded guilty to five counts of contravening an apprehended domestic violence order by way of making repeated phone calls to his former partner from prison in Grafton throughout September 2020.

According to court documents, he made dozens of calls from other inmates' devices, only eight of them were answered.

He was found guilty of the deemed supply of a prohibited drug, relating to the cocaine, after a hearing.

The court heard bag containing 137 grams of cocaine fell from Burley's pocket when police found him slumped over at a Byron Bay Mexican restaurant one evening in February 2020.

The court heard Burley was serving time for a revoked intensive corrections order - relating to prior offending - at the time of his repeated AVO breaches.

Burley's lawyer said he had demonstrated "a sustained effort … to really try and change his behaviour".

He said as Burley was in custody during the COVID-19 pandemic, his first two weeks were spent in isolation.

He said it was during this "difficult" time Burley made the offending phone calls.

Police prosecutor Chris Martin said it was "never okay" for a person to breach an AVO, particularly while they are in custody.

At the hearing, Magistrate Karen Stafford rejected Burley's claim the cocaine was for his personal use, although he was addicted to the drug.

"Cocaine, in this community, has become rife in the last couple of years and its prevalence in this community is something that the court must take into account," Ms Stafford said.

"I don't know why it's become so popular again decades after its initial popularity but … it's circulated in Byron and other areas of the Byron Shire in a way that makes general deterrence a significant factor."

She said at the hearing, she was told the drugs had an estimated street value upwards of $39,000.

"It was a significant amount of a drug that can attract a great deal of street value," she said.

"And of course your own evidence was that you had paid a large amount for it but had received more than that on credit.

"Which just shows … you're mixing with people who would allow you to put thousands and thousands of dollars of cocaine on credit."

She found Burley's involvement in drug supply was consistent with someone selling the drug mostly to feed their own habit.

While Burley made no threats during his phone calls from prison, Ms Stafford said it was a significant offence and noted his efforts to deceive his former partner by calling her from unfamiliar numbers.

"You've breached every order that was put in place not to contact her," she said.

"She told you were doing the wrong thing and yet you still called."

Ms Stafford took into account 56 days Burley had spent in residential rehabilitation and other steps he had taken to improve his behaviour, and accepted he was remorseful.

Burley received a three year intensive corrections order and was ordered to complete 300 hours of community service work.

Originally published as Cocaine supplier called his ex dozens of time from prison