Bunbury man Brody Ian John Smith receives suspended sentence

Charges lead to suspended sentence

Brody Ian John Smith, 31, attended Bunbury Magistrates Court on Thursday, March 28 and admitted to three counts of breaching a violence restraining order/family VRO, one of possessing drug paraphernalia, and one of possessing methamphetamine with intent to sell/supply.

He then pleaded not guilty to two charges of offering to sell/or supply meth.

The police prosecutor told the court that Smith, after receiving a family VRO, used a false Facebook account to try to connect with his ex-partner. He also made calls and left voice messages. 

On a separate occasion, he sent multiple text messages. 

Days later, Smith - riding past his ex-partner's residence on a bicycle - pulled over, wandered into the house, and found their son inside.

He played with their son on the front lawn, before his ex-partner returned home. 

On December 31, 2018, police found Smith inside his vehicle in Myalup, near Forrest Highway. 

While searching the vehicle, officers uncovered three clipseal bags - containing 2.49 grams of meth overall  - - and a glass pipe on the passenger's seat. 

The court heard Smith had relapsed into using drugs during the second half of 2018. 

Smith's defence counsel said his client had become worried for his son's safety and was "desperate to see his son". 

The lawyer said Smith was seeking to overcome his issues with drug addiction.  

Magistrate David Maclean acknowledged that Smith was a user-dealer at the "lower end" of the scale.

Taking Smith's time in custody and personal circumstances into consideration, the magistrate handed down an eight month prison term, suspended for one year under a conditional suspended sentence. 

The other two charges were remanded to June 27. Smith's bail conditions include a $2000 personal undertaking. 

The maximum penalty for possessing methamphetamine with intent to sell/supply is 25 years in jail and a $100,000 fine. 

Read more: