South Grafton man jailed after refusing to do community service for fear of losing his job

A South Grafton man told Community Corrections he didn’t want to do community service for a drug supply charge because it might see him lose the first job he has had in a long time, so a magistrate jailed him instead

A South Grafton man has been jailed for supplying methylamphetamine.

A South Grafton man’s unwillingness to take part in community service as a sentencing option for a drug supply charge for fear of losing his job saw him jailed after a magistrate found no other suitable punishment for the offence that didn’t involve community service.

Danial John Hollingworth appeared in Grafton Local Court on Monday where he was convicted of supplying a prohibited drug between a small and indictable quantity.

The court was told that between 3.10pm and 3.30pm on September 17, 2020, officers from Coffs/Clarence Police District stopped Hollingworth in South Grafton, and in a search of his vehicle uncovered 2.12g of methylamphetamine in the door sleeve.

Messages from a phone belonging to Hollingworth indicated he was on his way to sell the drugs when he was stopped by police.

Hollingworth’s solicitor Anne-Alece Johnston told the court her client had turned to the drug ice in a moment of weakness after his former partner had denied him access to their children, and he had been struggling with anxiety and depression as a result.

Ms Johnston submitted that her client intended to supply drugs to support his own habit, and that while he had prior convictions for drug supply offences had not reoffended since September last year.

From the bar table Ms Johnston submitted that her client was “more than willing” to undertake community service work as part of any sentence imposed. However, referring to a sentence assessment report prepared by Community Corrections, magistrate Michael Dakin said he was not willing to impose a sentence that included community service orders as the report’s author found Hollingworth was “unsuitable” for community service.

Ms Johnston told the court Hollingworth told the report’s author he was not prepared to do community service due to his employment and unwillingness to disclose his legal issues to his new employer for fear of losing his job.

“This is a man who in terms of employment is very excited to be finally in a position to be gainfully employed,” Ms Johnston said.

“He wasn’t intending to not comply with any community service orders that may be made. In his mind this is his first job in a long time and he didn’t want to jeopardise that by undergoing community service.”

Ms Johnston said her client was unaware of the purpose and importance of community service and requested an adjournment for a new sentence assessment report to be prepared, which was denied by the magistrate.

In his sentence Mr Dakin noted that Hollingworth had previously served a custodial sentence for drug supply offences, and that he had been charged with similar offences just seven months after his parole had expired.

Mr Dakin noted that while Hollingworth was concerned about his employment and that it was in the public interest to see people employed, it was ultimately outweighed by the need to send a message of deterrence to him and the community against dealing in illicit substances.

Hollingworth was sentenced to 10 months behind bars, with a non-parole period of six months.