Man fined for heroin and given ‘time served’ for having BB gun
A Warwick man was sentenced to 30 days in prison yesterday after police found a BB gun in the home he shares with his family.
Lekan Scott, 22, pleaded guilty in December to possessing a prohibited weapon and heroin.
However the Crown yesterday dropped charges against his father, 47-year-old Lindley Scott, and said it had no intention of proceeding with charges against Scott’s girlfriend, Danielle Eatherley.
Scott’s brother, 17-year-old Luri Scott, is awaiting sentencing after pleading guilty of cannabis.
The court had heard that at around 5.40pm on December 21, police raided the family’s Ord Valley Lane to execute a search warrant for a firearm.
During the search, a pouch containing six “decks” of heroin, two plastic twists containing cannabis and a semi-automatic air pistol were discovered.
Lekan Scott and Ms Eatherley both told police that the heroin and the weapon were theirs, while Luri Scott admitted possession of the recovered cannabis.
Lindley Scott and Lekan Scott were both charged with obstructing police and threatening behaviour, but those charges were dropped.
And Crown counsel Maria Sofianos said the Crown would seek a “nolle prosequi” in the case against Ms Eatherly, which falls short of an acquittal but means the Crown has no intention of pursuing a prosecution at this time.
Speaking on his own sentencing yesterday, Lekan Scott said that he had found the offensive weapon on the Railway trail while walking his dog, but decided to keep it because he had been threatened in the past by gang members.
However, he said his family had found the weapon and taken it away from him with the intention of turning over to the police, explaining why it was found in their bedroom.
“I’m into any of this crazy gang activity or anything,” Scott told the court.
Regarding the heroin, he said the drugs were for his own personal use, and asked the court for lenience.
Senior Magistrate Archibald Warner noted that the maximum penalty for possessing the air pistol was seven years in prison, and that anyone found with such a weapon should expect an immediate custodial sentence.
He sentenced Scott to 30 days in prison for the weapon charge, but ordered that the time to be served from December 23, the day Scott was taken into custody. Mr Warner additionally fined Scott $1,000 for possessing the heroin.
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Published Feb 2, 2012 at 6:50 am (Updated Feb 2, 2012 at 6:48 am)