A Golden Square man with a history of drug addiction has fallen back onto the wrong side of the law just a month into a deferred sentence.
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Mark Adam Swift, 46, was found with cocaine and ketamine, and also failed an oral fluid test in November 2023, around a month after being placed on a deferred sentence by Magistrate Trieu Huynh.
A deferred sentence gives an offender more time to prove themselves to the court before a sentence is handed down.
Swift had previously faced the Bendigo Magistrates' Court after he was charged for negligently possessing the proceeds of crime, specifically $2996.15, and possessed a prohibited weapon - an extendable baton - in January 2023.
Swift discovered lying face down in grass
These crimes were discovered during when police executed a search warrant at his home. He was arrested and interviewed at the Bendigo police station.
He told police the money was from attending Stars Stadium gaming area the night before his arrest.
On March 26, 2023 he was discovered lying face down in the grass by the side of the road in Quarry Hill around 1.10am.
He was on bail at the time, and when police officers managed to wake him he appeared to be alcohol or drug affected.
The officers had been patrolling Breen Street, Quarry Hill after reports of suspicious people and recent reported burglaries in the area.
Ice and money found with man on side of road
They asked Swift to turn out his pockets and he withdrew a zip lock bag of white powder, later found to be 28.8 grams of methylamphetamine.
As a result he was also charged with committing an indictable offence on bail.
He was also found with a handful of $50 notes totalling $1900.
He was arrested at the police station and remanded in custody.
A short time later Swift's phone was handed into the station where it was analysed.
Court documents reveal evidence of Swift trafficking drugs through messages to someone he called "madness".
Magistrate: 'Long journey together'
Magistrate Trieu Huynh said he had been on a "long journey together" with the accused.
Mr Huynh said Swift had been released on bail to the a drug rehabilitation facility called The Cottage in Shepparton in May 2023 and completed four months.
He received a sentence deferral for the charges received in January and March 2023.
Around a month after, in November 2023, Swift was found with ketamine and cocaine, and he had also failed an oral fluid test.
He was remanded in custody and had faced 215 days of pre-sentence detention as of March 19.
Man must engage with drug, mental health programs
Mr Huynh said Swift had a relevant prior criminal history, a longstanding drug addiction and had spent the better half of the last decade incarcerated.
He said the community would "strive to assist as best we can" those in a situation like Swift.
Swift was sentenced to an aggregate term of 10 months in prison followed by a 12 month community corrections order.
This order will include conditions that Swift be supervised regularly by Mr Huynh, and that he undertake counselling for drug abuse and mental health concerns.
He was also fined $1000 and has had his licence cancelled and disqualified for 12 months.
He will also serve two months in prison, concurrent with his other sentence, for a breach of a previous CCO.
Lucy Williams
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
