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Darwin Buffs legend spared long jail term due to health issues

Despite a long list of priors for drug possession, the court ruled the former footy star’s prospects were ‘reasonable to good’.

Darwin Buffaloes legend Kerry McGuinness will spend four weeks in jail after pleading guilty to selling cannabis in an indigenous community and bringing grog into a protected area.
Darwin Buffaloes legend Kerry McGuinness will spend four weeks in jail after pleading guilty to selling cannabis in an indigenous community and bringing grog into a protected area.

DARWIN Buffaloes legend Kerry McGuinness will spend four weeks in jail after pleading guilty to selling cannabis in an indigenous community and bringing grog into a protected area.

The court heard McGuinness, 58, drove from Darwin to Ramingining in Arnhem Land in February where he was busted with 77 grams of cannabis, deal bags and $2140 in cash.

Police also found two one-litre bottles of scotch in his car but it was not suggested he was selling the grog.

In suspending McGuinness’s 12-month jail sentence after 28 days, Justice Jenny Blokland said despite a long list of priors for drug possession, his prospects for rehabilitation were “reasonable to good”.

Justice Blokland said the “extraordinary” mark-up on weed in Ramingining meant the drug sold for as much as $100 a gram.

“The court has long emphasised the harms introduced to Aboriginal communities through drugs, especially cannabis,” she said.

“It is not simply the effects of the drug itself upon individuals but the effect of diverting resources from socially deprived communities to drugs.

“Over the years older and respected members of Aboriginal communities have given evidence or statements telling the courts, both this court and the Local Court, that they do not want drugs in their communities.”

Justice Blokland said she was moderating the time McGuinness would have to spend behind bars after lung damage had left him with “moderate to severe emphysema” and dependent on multiple inhalers and other medication.

“He can walk a maximum of 20 yards without becoming breathless and his abilities to perform all but basic functions are impaired,” she said.

“This is a genuine case of significant health issues that would make prison more onerous for him than many other persons.”

McGuinness’s previous brushes with the law include him stripping naked and threatening to take a crap on the floor of his cell at the Darwin watch house in 2012 after he was arrested for smoking a joint in the city.

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Original URL: https://www.ntnews.com.au/news/crime-court/darwin-buffs-legend-spared-long-jail-term-due-to-health-issues/news-story/8923c1f3c7964c9851dd10af8b863b4f