Jason McCarthy caught driving with hidden gel blaster, drugs while disqualified

A wanted man has learnt his fate after being caught driving while disqualified with a hidden gel blaster gun and drugs. See his punishment.

A wanted Mid-North Coast man has been sentenced to a prison term after police found drugs and an unauthorised firearm hidden in his car — while he was disqualified from driving.

Jason McCarthy, 47, was found guilty of breaching his community correction order (CCO) by driving a motor vehicle during disqualification (first offence), breaking the rules of his AVO, driving a motor vehicle during disqualification (second+ offence), and having suspected stolen goods in custody.

The man is from Wauchope on the Mid-North Coast.

The Wauchope father was also sentenced for possessing prohibited drugs, driving under the influence of drugs (second+ offence), possessing an unauthorised firearm, and driving a vehicle with illicit drugs present in blood.

He appeared before a magistrate in Port Macquarie Local Court on August 17, for the matters which date back more than two years.

The first, breaching his AVO, occurred when McCarthy visited an ex-girlfriend in Wauchope on June 15, 2020, despite not being allowed within 100 metres of the address or the ability to occupy the driver’s seat of a motor vehicle.

A witness provided a statement and photo evidence of the AVO breach, but both the offender and victim denied McCarthy’s visit.

Just three days later on June 18, 2020, police pulled over a grey Holden Cruze after seeing it travel the wrong way out of the Glenthorne service centre.

Upon approaching the car, police found McCarthy in the passenger seat and asked him to exit the vehicle as he was wanted for prior matters.

Agreed police facts state that, as he left the car, McCarthy asked the driver to “hold my stuff” before police found a large bag with a “crystal substance” after McCarthy was pulled from the car.

McCarthy is known to local police.

McCarthy’s next offence occurred on December 3, 2020, when he obtained goods “which may be reasonably suspected of being stolen or otherwise unlawfully obtained” in Port Macquarie worth $1855.

Days later, on December 8, 2020, McCarthy was again caught driving against court orders.

That afternoon, the offender pulled into a Port Macquarie service station and started pumping fuel adjacent to police.

Police facts claim McCarthy “defied the court to avoid apprehension” by telling the officers he got his licence back “a couple of months” prior.

Then, on December 11, 2021, police saw McCarthy in the passenger side of a car driving along the highway through Wauchope.

“Upon sighting police, the vehicle rapidly crossed to the wrong side of the road before entering the carpark of the Shell service station,” police facts read.

“The service station bowers has been removed and heavy earthworks were underway, making it obvious no fuel was available.”

Suspecting the manoeuvre had been a deliberate act to avoid police, officers approached the “panicked and nervous” McCarthy as he left the vehicle.

“(He), with hands visibly shaking, tried to enter the store but was stopped by police,” court documents recount.

“Recent information pertaining to the vehicle suggested the male owner was wanted by police, causing police to request ID from the accused.”

When McCarthy opened his bum bag for ID, police observed “a large quantity of loose currency stuffed into the pouch”.

A subsequent search of the bag located “four clear resealable bags containing methylamphetamine... (with) a combined weight of 1.85grams with an estimated street value of $900”.

McCarthy’s next offence, which was the magistrate’s main concern in court this week, occurred this year when he drove a car during his disqualification period with drugs in his system.

About 1.03pm on January 28, McCarthy was driving a grey-coloured Holden sedan on Blackmans Point Rd, crossing the double unbroken dividing lines, before striking a grassy shoulder out the front of Ricardoes Tomatoes and crashing into a row of trees.

“The damage to the motor vehicle was significant, with the front nearside wheel assembly torn from the chassis and all airbags deployed,” police facts state.

When officers arrived on-scene, they found drug paraphernalia – including new and used syringes – located in the passenger foot well.

“Police have then observed (him) as the ambulance personnel were making an assessment of his injuries,” court documents said. “He was seen to be extremely languid in his movements and appeared almost catatonic.

“(McCarthy) was unable to converse with the ambulance officers in any useful manner in response to the questions asked of him and police formed the opinion he was under the influence of intoxicating liquor or drugs.”

The man was taken to Port Macquarie Base Hospital and was admitted for treatment, with a blood sample being taken at 2.30pm.

When asked about the crash the next day, McCarthy told police “I don’t remember getting in the car”, according to court documents.

“I bought a new car and for some stupid reason I hopped in it and drove,” he told police.

When asked if he’d consumed any alcohol or drugs before driving, McCarthy said “maybe I had a few cones”.

The blood sample found a number of drugs present in the man’s system, including amphetamine, methylamphetamine, pseudoephedrine, morphine, delta-9-tetrahydrocannabinol, delta-9-THC acid and alphrazolam.

“Based on my specialist knowledge and relying on the information provided, I am of the opinion that at the time of driving, (McCarthy) was under the influence of the withdrawal effects of methylamphetamine (commonly known as ICE) to the extent that their driving ability was impaired,” Mr Alen Lin, a forensic pharmacologist, reported.

McCarthy appeared before a magistrate in Port Macquarie Local Court for a string of offences.

Then, on April 3, McCarthy was stopped for a random breath test while driving a Holden Commodore on Oxley Hwy in Wauchope.

He returned a negative BAC result, but an oral fluid test revealed a positive detection for methylamphetamine.

The following month, on May 24, police stopped a silver Holden Commodore and saw McCarthy sitting in the front seat.

“Both occupants were known to police for recent drug-related offences and intelligence,” the agreed facts state.

Police searched the car and found “a significant amount of cash in (McCarthy’s) wallet, approximately $2000”.

He told police that he’d just been to the bank.

“Police also located a black electric gel blaster in the boot of the vehicle which was wrapped in a cloth,” court documents reveal. However, McCarthy lied again to police, claiming the weapon was a water pistol.

The offender’s lawyer, Michael Dampney, asked the court to consider giving his client another chance at a crime-free life.

“He does understand the social impacts of his offences,” Mr Dampney said.

The solicitor also spoke of the car accident, saying McCarthy was thankful nobody else was hurt.

Mr Dampney said the agreed police facts show “just how scattered and incoherent” his client was at the time, and pointed to the forensic report showing drug withdrawals.

The defence told the magistrate that the gel blaster in McCarthy’s boot had been boxed up for moving and he hadn’t unpacked it yet.

Mr Dampney also told the court his client had completed a 10-week program to address his substance abuse issues.

Magistrate Georgina Darcy described the weapon offence as “sinister, given the item was wrapped in a towel”.

“It is also of concern that, while you were subject to an intensive correction order – the strictest form of conditional liberty – you could commit those earlier offences,” she said.

The magistrate was also concerned about the car accident that McCarthy caused.

“The risk to members of the community was high, and you yourself ended up in hospital,” the magistrate said.

“A cocktail of drugs were found to be present in your system.

“You are most fortunate to be standing here, and not seriously injured or killed.”

The magistrate sentenced McCarthy to full-time imprisonment, with a non-parole period of five months.