Matthew Gear had amphetamines, mushrooms and pills for ‘personal use’

An Ocean Grove man was found with drugs including magic mushrooms he picked himself.

Matthew Gear has fronted court.

An Ocean Grove man who thought a pair of imitation firearms were “toys” and was found with amphetamines, mushrooms and pills has been fined, after having his hopes of escaping without conviction quashed.

Matthew Phillip Gear, 43, appeared in Geelong Magistrates Court on Thursday, charged with offences relating to possessing drugs and imitation firearms.

He had been recommended for a diversion, but magistrate Franz Holzer opted to convict.

Police prosecutor Leading Senior Constable David Vanderpol told the court that on September 1, Gear’s Ocean Grove home was searched after he was intercepted on the road by police.

He was not charged with a driving offence.

Upon searching Gear’s home, the court was told police found a brown satchel in the bathroom full of drugs.

The satchel contained three resealable bags containing a crystal substance, three resealable bags containing dried mushrooms and six resealable bags containing assorted pills.

Another bag containing a white crystal substance was located in a toiletry bag on the top shelf of his bathroom cabinet.

In a walk in robe attached to Gear’s bedroom, police found two gel blasters,

After being arrested, the court heard Gear made full admissions and told police he bought the gel blasters in Queensland for $200 each, around three years ago, and “thought they were a toy”.

Gear also told police he had purchased one gram of amphetamine for personal use three weeks before and that he had picked the 5g of mushrooms himself.

Sen-Const Vanderpol said Gear told police he had the amphetamines for “social partying, concerts and parties and special occasions”.

Magistrate Franz Holzer said it was “unusual” for Gear to have been recommended for a diversion.

A diversion is a way for low-level offenders to avoid a criminal record.

“Ordinarily for this presentation, diversion wouldn’t be on the table at all,” Mr Holzer said.

Sen-Const Vanderpol said that he wasn’t sure why the paperwork had been signed, and that “reading the summary” he felt diversion was “not appropriate”.

Mr Holzer agreed, noting that Gear had prior convictions.

Representing himself, when asked if he had a defence for possessing the drugs and gel blasters, Gear told the court it was a “very small amount”.

Mr Holzer convicted Gear and fined him $500 for the offences.

Originally published as Matthew Gear had amphetamines, mushrooms and pills for ‘personal use’