Man claims drug use is lesser of two evils in court confession

A drug user has been given a second chance to avoid jail time, after he told a court he was “doing his best”.

The court heard police found the drug in Mr Bongiorno Davies’ possession on July 24 at an East Lismore address.

A drug user has been given a second shot by a Lismore magistrate after his candid confession in court.

Maxwell David Bongiorno Davies self-represented at Lismore Local Court on Monday, August 9, and pleaded guilty to possessing a prohibited drug, namely cannabis.

The court heard police found the drug in Mr Bongiorno Davies’ possession on July 24 at an East Lismore address.

When questioned by Magistrate Michael Dakin as to whether the accused had any drug problems, he replied frankly before the court.

“I’m just doing my best,” he said.
“I’ve struggled with alcohol and gambling problems in the past and this is the lesser of two evils in my experience.”

Magistrate Dakin noted that may be so, but it was still illegal to possess cannabis, and warned Mr Bongiorno Davies about potential jail time.

“It was a small amount of the drug and this is certainly not the case here, but maximum penalty for this charge is two years imprisonment,” he said.

He asked Mr Bongiorno whether he would like to consider a Merit assessment before proceeding with sentencing.

When the accused ask whether that would lessen his sentence, Magistrate Dakin said rehabilitation was a “significant factor” to take into account.

Given that, Mr Bongiorno Davies accepted the offer and his matters were adjourned to August 23 for sentencing.