Kody James Stewart sentenced on two counts of possessing more than two grams of methamphetamine

A man with “an unenviable criminal history” was described as a “hard-nosed recidivist” by a Supreme Court Justice who sentenced him on Tuesday to prison.

A man who was described as potentially running a mobile drug dispensary was sentenced on 19 charges including two counts of possessing more than two grams of methamphetamine in Cairns Supreme Court on Tuesday.

Kody James Stewart, 42, pleaded guilty to those charges as well as unlawful possession of cannabis, possessing $770 reasonably suspected of being tainted property, two counts of possessing a pipe used in connection with a drug, two counts of possessing scales and clip seal bags suspected of being used in commission of an offence, unlawfully possessing a knuckle duster, possessing an S8 medicine, being Alprax, in an unauthorised way, three counts of unlicensed driving, two counts of driving an unregistered vehicle, two counts of driving a vehicle with false number plates, possessing $2180 reasonably suspected of being proceeds of an offence, and driving without due care and attention.

Kody James Stewart, 42, was sentenced on 19 charges including two counts of possessing more than two grams of methamphetamine. Picture: file photo

Prosecutor Seamus McManus said Stewart had an unenviable criminal history with 27 drug convictions.

He was sentenced for trafficking in February 2019.

Stewart was charged in April 2022 with multiple offences after police followed him driving a Lexus into a car park.

Police found 1.243g of pure methamphetamine in 1.667g substance, Stewart was driving while disqualified, the car was unregistered and had fake plates, and police found knuckle dusters as well as drug paraphernalia and a tick sheet.

There was $770 cash, a hidden magnet with Clipseal bags and a red straw with a spoon end that had crystal on it.

“It could be a mobile drug dispensary,” Mr McManus said.

“There is a commercial aspect to this possession.”

Things came further unstuck for Stewart when he was in a car accident at Yorkeys Knob in June 2022.

Stewart, driving a stolen car while disqualified, veered on to the other side of the road and hit another car on Varley St.

People rushed to assist, and Stewart sat in the rear of another car.

Police did not undertake drug or alcohol testing or realise there was an outstanding warrant for Stewart.

After the incident, the good Samaritan who had Stewart sitting in her car discovered a bag under the driver’s seat with a white substance inside, and contacted police.

It was 2.347g pure methamphetamine in 3.368g substance, Mr McManus said.

Police returned to the home where they had dropped Stewart off and found a digital scale, about 50 Clipseal bags, two sets of stolen car keys, $2180 cash, drug paraphernalia and the car had a fake number plate.

Kody James Stewart, 42, was sentenced on 19 charges including two counts of possessing more than two grams of methamphetamine. Picture: file photo

Defence barrister Kelly Goodwin tendered a psychiatric report and said Stewart had tried unsuccessfully to get into a relapse prevention program in prison.

He said Stewart’s plan was to relocate to Townsville where his mother and sister lived, to discontinue connections with associates in Cairns.

Mr Goodwin said Stewart had been adversely affected by acrimonious relationships, and he got to a point where he did not care about himself.

But he said Stewart, a qualified chef, was now determined to turn his life around.

“He has had time to reflect on his actions and he very much wants to change his life to be a positive role model to his daughter,” Mr Goodwin said.

When Mr McManus outlined sentencing submissions, Justice James Henry said as a “hard-nosed recidivist” Stewart was not particularly deserving of parole.

“Why do we keep doing that for someone like him when he keeps coming back, it doesn’t make sense,” Justice Henry said.

“It is an interesting question whether he has done anything to try to address some of these underlying undoubtedly challenging difficulties.”

Justice Henry noted Stewart had psychological challenges from the way he was treated in his childhood years.

“Along with the devastating impact of that child abuse you have also had to grapple with challenge of descent into drug dependency which has been prolonged,” he said.

Stewart received a head sentence two and a half years and was disqualified from driving for three years.

His parole date was set at September 16, 2023.

Originally published as Kody James Stewart sentenced on two counts of possessing more than two grams of methamphetamine