A cocaine addict caught with at least $78,000 worth of the drug claims he was only holding it as a favour to dealers who had invited him to use what he needed.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
But that explanation "simply defies credulity", a judge has said in sentencing the Canberra man to five months in full-time custody.
Saad Harmouche, of Chisholm, appeared in the ACT Supreme Court for sentence earlier this month after pleading guilty to one count of trafficking in cocaine.
The court heard that police raided the 28-year-old's home in December last year. Officers found almost 390 grams of cocaine, which represents about 64 times the traffickable quantity.
The cocaine had been cut with agents including benzocaine, which police found in a bag on top of the fridge. There were also digital cash counting scales in Harmouche's bedroom wardrobe.
Harmouche told the author of a court-ordered report he had kept the cocaine at his house "on behalf of others" and in return for being able to use it when he needed it.
He claimed he had not received cash payments, saying he was a heavy cocaine user who was unable to afford the drug and always had to have it at hand.
READ MORE:
Chief Justice Helen Murrell said she was satisfied beyond reasonable doubt that "a substantial proportion" of the cocaine found at Harmouche's house had been intended for sale to others.
The judge was unable to determine exactly what Harmouche's role in those sales would have been.
"However, it defies credibility to think that the offender would be holding almost $80,000 worth of drugs simply as a matter of convenience to other drug sellers who knew that he was heavily addicted and had invited him to use whatever he needed, whenever he needed," Chief Justice Murrell said.
"That simply defies credulity. But, on the other hand ... I am satisfied that he proposed to use a significant part of the drug to satisfy his own dependency."
Harmouche had no prior criminal history and was assessed as being a low risk of reoffending.
But Chief Justice Murrell agreed with Crown prosecutor Patrick Dixon's submission that a period of full-time imprisonment was necessary.
She sentenced Harmouche to 14 months in jail, and ordered him to serve five months before the remainder of the term is suspended.
With time already served, Harmouche will be released and placed on a good behaviour order in October.
