Roommates use super to buy boat, bus, 450 grams of drugs
TWO KINGAROY men faced court after police raids uncovered 450 grams of cannabis, drug utensils and $4400 in cash hidden in DVD cases.
The first man, Peter Gunther Thierauf pleaded guilty to one charge of possessing dangerous drugs, one charge of possessing drug utensils and one charge of possessing property suspected of having been used in connection with the commission of a drug offence.
The second man, Brenton Johanne Brandtner pleaded guilty to two charges of possessing dangerous drugs, one charge of possessing property suspected of having been used in connection with the commission of a drug offence and two charges of possessing drug utensils.
The two men faced court separately.
The court heard on June 2 police executed a search warrant at an address on Reen Street in Kingaroy, finding Thierauf in possession of 450 grams of cannabis, $670 cash, a bong, two pairs of scissors, a grinder and a cone piece.
On June 2, during the same raid, police found Brandtner in possession of five grams of cannabis, a bong and $3700 cash.
On July 24 police again found Brandtner in possession of cannabis and a bong.
At the time of the offence both defendants were on suspended prison sentences.
Police prosecutor Pepe Gangemi told the court he was seeking forfeiture on all items.
Thierauf was represented by Jay Rose from Rosegold Legal.
Ms Rose said her submissions would be for the suspended sentence to be extended for two to three months.
“My client is 54, was formerly addicted to meth, which he stopped using 12 years ago,” Ms Rose said.
“He had substantial involvement with mental health while he was using meth, however since he stopped has had no involvement.
“He has no violence in his history, the most serious offence was an enter premises charge.
“The unfortunate thing here is he accessed all of his super to buy a substantial amount of weed and very shortly after police came and seized the package before it had been unwrapped.”
Magistrate Andrew Sinclair said he took into account the timely manor of the plea.
“In determining your sentence I have placed weight on deterring you and others from offending and placed weight on rehabilitation,” Magistrate Sinclair said.
“I will do this by ordering the seized items to be forfeited. You have already suffered a penalty through quite a large loss of money.
“All drugs are dangerous, weed is a schedule two drug and I am glad to hear you have beaten your meth habit.”
Thierauf’s suspended prison sentence was activated and was ordered to be served in full, released on parole immediately under the supervision of a probation and parole office.
The suspended sentence was activated for three months and convictions were recorded on all charges.
Brandtner was represented separately by Mark Werner from J.A. Carroll Solicitors.
Mr Werner said Brandtner had an excellent work history.
“My client previously worked at Swickers, as a farm labourer for ten years and also has a cert three in agriculture as well as his crane licence, white card, fork ticket and bobcat ticket,” Mr Werner said.
“It comes down to two options, extend the sentence again or if your honour wishes to activate it I would suggest immediate parole would be an option.
“Mr Brandtner suffers from anxiety, since the incident has changed his associations and is looking to move away and work as a farm labourer once COVID restrictions are relaxed.
“He got two advances from his superannuation, which he used to purchase a boat and a bus to travel with to do farm work and unfortunately about $3000 of his money that was left was commingled with the money of Mr Thierauf, which will be lost.”
Magistrate Andrew Sinclair said he took into account the guilty plea.
“The problem I have with dealing with you is the complicated nature of your offending on a suspended sentence for unlike offending,” Magistrate Sinclair said.
“The more concerning charge is the possession of cash that’s come with it, which will be seized as will all the other forfeited items.”
Brandtner was ordered to forfeit all the seized items including the cash, was fined $1250 and had his suspended sentence extended for six months.
Convictions were recorded on all charges.