Dondingalong father of two walks free from court after police find prohibited weapon, drugs

A former Bandidos member, who was caught with a range of drugs and a prohibited police weapon, has told the court he is moving away from his troubled past.

A former Bandidos member, who was caught with a range of drugs and a prohibited police weapon, has told the court he is moving away from his troubled past and focusing on his work as a concreter.

On Monday, 30-year-old Robert Homer pleaded guilty in Kempsey Local Court to cultivating prohibited plants, possessing prohibited drugs, possessing prescribed restricted substances, and possessing a prohibited weapon without a permit.

It comes after police conducted a routine compliance search of Homer’s Dondingalong home on March 22, under the Firearms Prohibition Order he was served back in 2016.

During their search police found 15 cannabis plants, two vials of steroid Boldenone Undecylenate (one unopened, one ¾ full), 94 grams of cannabis leaf (including bag), four grams of the plant’s seeds (including bag), and a prohibited police long baton that Homer said he found on the road years ago.

According to the agreed police facts, officers also located items connected to drug supply including small resealable bags, capsules and electronic scales.

Homer’s lawyer Matthew Lindeman said that his client has given up the steroids in an attempt to distance himself from the infamous bikies he was once a sergeant-at-arms for.

“He used the steroids in the past but has stopped, and he’s lost five kilos since then,” Mr Lindeman said.

“He’s getting away from that (Banditos) association.”

Mr Lindeman went on to explain to the court that Homer would not be suitable for the Magistrates Early Referral Into Treatment (MERIT) Program, because the father-of-two still uses cannabis.

The agreed police facts support this, with Homer admitting to his arresting officers that he uses “one to two grams a day” of the drug.

Homer also told the officers he was keeping the seeds to cultivate more cannabis plants, joining his existing 15 pots, at a later date.

Mr Lindeman told the court his client doesn’t have an “overly lengthy criminal history”, and that “a bond with supervision would be in the range for the court, and would address the elements of the legislation” in terms of both punishment and deterrence.

Homer was convicted for all six charges at Kempsey Court House on Monday.

The lawyer also cited Homer’s terminally ill father, who he cares for, in the defence against his client’s imprisonment.

Magistrate Scott Nash took these factors into account, warning Homer of the consequences of his actions.

“The weapon possession is the most serious offence here, which carries a maximum penalty of 14 years in prison,” the magistrate explained.

“Followed by the cultivate plants charge, which has a maximum of 10 years’ imprisonment.

“And for each of your three drug possession charges is a maximum of two years.

“Your criminal record is not the worst, by any stretch.”

Of the weapons charge, Mr Nash noted it was towards the lower end of seriousness.

“But the simple fact is, the law doesn’t permit it (possessing the weapon),” he said.

The magistrate also found the cultivation and drug possession matters to be towards the lower end of seriousness.

“Going forward, with this change in lifestyle, you’re a low risk of reoffending,” Mr Nash said.

“But we need to send a message about the consequences of these offences.”

Homer was convicted for all six charges but received no penalty for two of the prohibited drug, and the one prescription drug, offences under Section 10A.

For his other three charges – cultivate prohibited plant, possess prohibited drug, possess prohibited weapon without permit – Homer was granted a supervised Community Correction Order for 18 months.