Gracemere father sentenced to term of imprisonment
UPDATE 7.30PM: DWAYNE Lee Gray was sentenced to seven days in prison and 12 months' probation in the Rockhampton Magistrates Court this afternoon after his lengthy drug habit finally caught up with him.
The Gracemere father pleaded guilty from the docks of the courtroom earlier in the week to possessing a phone used in connection with drugs, obstructing police, possessing cannabis and possessing utensils used in connection to dangerous drugs. He was sentenced to seven days imprisonment and a 12 month probation order by Magistrate Mark Morrow.
FRIDAY: WHEN Magistrate Mark Morrow told Dwayne Lee Gray he would spend at least one night behind bars, the Gracemere father put his head in his hands and moaned "no".
As Gray was led from Rockhampton Magistrates Court, he looked back in desperation to his partner and sleeping six-month-old baby.
While his family left the courtroom, Gray could be heard yelling and sobbing from the holding cells.
Gray, 24, pleaded guilty yesterday to possessing a phone used in connection with drugs, obstructing police and possessing cannabis and drug utensils.
The court heard police searched Gray's Ranger St home on May 24 and found a mobile phone containing drug related messages.
Police prosecutor Clancy Fox said messages on the phone indicated Gray was involved with supplying drugs.
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Messages included people asking for "$50 worth of green" or a "smoko".
Mr Fox said Gray later confirmed the phone belonged to him, but said he did not carry through with all requests.
On July 13, police again entered the address with a search warrant.
Mr Fox said Gray ignored the officers and stood with his arms up, preventing them from entering.
Gray later apologised for this and told officers he had not intended to obstruct the search, but believed it couldn't go ahead without his partner present.
He declared drugs and utensils to officers, who found 1gm of cannabis and scissors with "green leafy residue on them".
Mr Fox said Gray was on parole for similar possession charges at the time and had a recent history of drug offending, as well as a "serious history of property offending".
Defence solicitor Mitchell Jamison said Gray was an unemployed father to two stepchildren and a six-month-old baby.
He said the charge of obstructing police "arose from a misunderstanding" of police procedure.
However, Mr Jamison said Gray's history of drug offences "does stand against him" given his "ongoing issue with cannabis".
He said Gray had engaged with a community organisation in an attempt to curb his addiction, but when questioned by Mr Morrow admitted Gray had not yet attended any sessions.
Mr Morrow said while Gray's offending could be described as "low level", it was clearly "persistent".
The magistrate suggested Gray had only recently sought to address his drug issues given the possibility he could go to jail.
Mr Morrow said he was "not impressed" Gray was only intending to seek counselling now "because that seems to be him trying to get out of going to jail".
He said Gray should have taken the steps six months ago. Mr Jamison asked Mr Morrow to consider imposing a community service-based sentence, but Mr Fox said Gray had been dealt with a number of times for breaching similar orders.
Mr Morrow adjourned the case to 2pm today, when Gray will be sentenced.
His bail was revoked and he was remanded in custody overnight.