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Year in jail and $70,000 order for young drug dealer

A drug trafficker has been jailed for a year and ordered to hand over almost $70,000 in profits from his criminal enterprise.

Justin Guy DeSilva, 23, previously admitted to possessing 145.45 grams of cannabis with intent to supply, cultivating cannabis and possessing drug equipment.

The items were found when Police raided his Gibbs Hill, Southampton home in April, and found a drug-growing operation there. The cannabis had a street value of $2,500.

In addition, $10,400 in cash was found in his bedroom along with a list of names with monetary values next to them.

DeSilva admitted after his arrest that the cannabis was his. He told the Police the money seized was personal savings gained from commercial fishing, although he was unemployed at the time.

The $69,216 Proceeds of Crime confiscation order made by Puisne Judge Charles-Etta Simmons yesterday represents the value of items owned by DeSilva including a truck, boat, large television and a watch.

The cash must be paid within six months, or he faces an additional six years behind bars. He does not have to forfeit the items themselves.

Crown counsel Cindy Clarke told the judge that a pre-sentence report deemed DeSilva to have a moderate risk of re-offending and raised concerns about his substance abuse.

Defence lawyer Mark Pettingill told the judge: "In all my years at the Bar, I don't think I've seen a jailhouse door that has resounded more in closing on a young man than it has on this young man.

"To say that it's had a profound and devastating effect on his life would be euphemistic. (It's been) nothing short of shocking, and he's only been there for a period of weeks and he's aware that there's more time to follow."

Mr. Pettingill described his client as someone young for his age, easily led and extremely naive. He had, he said, got caught up with some bad people and did not think about the consequences of his actions.

DeSilva told the court: "For a little over the last two months I've been in custody. I've had quite a lot of time to reflect on the situation I put myself into. I understand that what I did was wrong and understand that taking short cuts in life isn't always the way to go. I want to apologise to my family and to the court for what I did wrong. I ask for a little leniency. I'm a changed person and want to get back into society and be a productive member if possible."

In addition to the proceeds of crime order and jail sentence, the judge also handed DeSilva an 18-month probation order to follow. The conditions include a ban on alcohol and drugs, a 10 p.m. to 6 a.m. curfew for the first six months and educational programmes.

Proceeds of crime cash goes to the Confiscated Assets Fund, which is managed by the National Anti-Money Laundering Committee. Payments from the fund are used for purposes including the investigation of drug trafficking and money laundering, the treatment drug addicts and drug education.

DeSilva was originally charged with two other men living at the same Gibb's Hill residence – Christopher Lee Carreiro, 26, and Tomas David Viera, 22 – with illegally possessing six rounds of semi-automatic ammunition discovered during the raid. Prosecutors dropped those charges in August.

Carreiro pleaded guilty on a previous occasion to possessing drug equipment in the form of a grinder, Rizla papers and scissors. He also admitted to possessing 6.88 grams of cannabis and was given a conditional discharge for 18 months at Magistrates' Court.