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Ashby Kerr avoided jail despite dealing drugs throughout Southern Highlands, owning guns

Police investigating a car filled to the brim with stuff on the side of the road unearthed a huge stockpile of weapons and drugs, including LSD, magic mushrooms and a shopping bag full of weed.

Australia's Court System

A “young and dumb” drug dealer has narrowly avoided jail despite pleading guilty to supplying drugs throughout the Southern Highlands and owning two unauthorised firearms.

Ashby Rutherford Kerr, 22, appeared in Moss Vale Local Court on Tuesday after pleading guilty to breaking and entering a dwelling to steal less than $60,000, five counts of supplying a prohibited drug, two counts of possessing an unauthorised firearm, two counts of not keeping a firearm safely, possessing ammunition, having a restricted prescribed substance, possessing illicit drugs, and dealing with the proceeds of a crime.

Police found the Braidwood resident living in his car in Bowral on January 1 and noticed the car was full to the brim with belongings. Police facts say Kerr was unsteady on his feet as he got out of the car and police smelled cannabis.

Ashby Rutherford Kerr narrowly avoided jail after pleading guilty to 13 offences, including dealing drugs in the Southern Highlands.
Ashby Rutherford Kerr narrowly avoided jail after pleading guilty to 13 offences, including dealing drugs in the Southern Highlands.

As a police officer moved the car with Kerr’s permission, they noticed a shopping bag filled with cannabis on the floor. During Kerr’s arrest, police saw an ammunition magazine poking out of his pants pocket.

According to police facts, a search of the car revealed a gel air pistol and ammunition in a locked box and a replica Glock .22 under one of the seats.

Police also discovered a mother lode of drugs stashed in the car, including 5.78g of cocaine, 38 LSD tablets weighing 0.43g wrapped in foil, 4.16 grams of magic mushrooms, 3.35g of white and brown meth tablets and 211g of medicated THC lollies.

Officers also found restricted prescribed Xanax pills weighing 18.85g and $985 in cash, which Kerr admitted was earned through criminal activity. Kerr admitted to police he was involved in drug supply throughout the Southern Highlands.

Ashby Rutherford Kerr broke into a house in 2018 to steal more than $1000 and an iPhone.
Ashby Rutherford Kerr broke into a house in 2018 to steal more than $1000 and an iPhone.

When he was fingerprinted at the station, his prints linked Kerr to a home burglary in 2018 in which he’d stolen more than $1000 and an iPhone 6 (valued at $700).

Court documents show Kerr told Community Corrections he hasn’t thought about his offending because he “had always got away with it in the past”.

In a letter to the court, Kerr said his drug addiction and drug dealing created a self-perpetuating destructive cycle.

“The more I sold, the more I used,” he wrote.

Kerr’s lawyer Tayla Merriman told the court her “young and dumb” client had completely changed his ways since being arrested.

“He’s done a complete 180 in terms of the gentleman you see in front of you today,” she said.

Ms Merriman said Kerr had felt obliged to partake in drug use and dealing by his friends, but had cut off negative influences and reconnected with his family.

“He’s definitely stepped up and reached out for help,” she said.

Ashby Rutherford Kerr appeared in Moss Vale Local Court on September 21. Picture: Joel Carrett
Ashby Rutherford Kerr appeared in Moss Vale Local Court on September 21. Picture: Joel Carrett

Magistrate Robert Rabbidge noted Kerr is currently working two jobs and had “very fine” character references, including letters from his family from whom he had separated.

“Mr Kerr broke completely away from his family, which led to a disaster,” he said.

“Perhaps out of a tragedy good things come, and he’s reconnected with his family.”

Magistrate Rabbidge sentenced the offender to an eight-month intensive corrections order, an 18-month community corrections order, and 75 hours of community service. The magistrate also ordered Kerr to participate in drug rehabilitation.

Original URL: https://www.dailytelegraph.com.au/newslocal/bowral/ashby-kerr-avoided-jail-despite-dealing-drugs-throughout-southern-highlands-owning-guns/news-story/aefe8f914cd738c6e886a7b238488ebb