Roofer caught with cocaine has jail hanging over head

A ROOFER caught with cocaine in his shorts has jail hanging over his head, Proserpine Magistrates Court heard, on Monday.

Benjamin Maxwell Gillan was a passenger in a car that was pulled over by police at 1.35am, on December 12, in Cannonvale.

"The defendant was given a pat-down search and police found two clip seal bags and a $50 note in the pocket of his shorts," prosecutor Sergeant Emma Myors said.

"He said he didn't know they were in there - he said he bought the shorts from St Vinnies and they must have been in there already. One bag was 1.5g including the bag and the other was 1.9g."

Gillan pleaded guilty to the charge of possessing dangerous drugs.

Duty lawyer Peta Vernon said Gillan, 41, had been in the area about two years.

"He has a good work ethic but a troubling history of drug use, however, the possession charge was for personal use. He is on a suspended sentence for a drug offence."

Magistrate James Morton said it was 'not a trivial charge'.

"The police are aware of what you are up to," he said.

"It was not chance that the police pulled you up. Cocaine is not a low level drug, it's a high level party drug and you have a history of drug use and abuse.

"People have given you little fines and all those messages have not sunk in. Personal deterrence is a factor to give you a message that this is not acceptable.

"I am looking at what you have done in the past and I must give you a message loud and clear - I am about to put you on notice - this is a shot across the bow.

"A simple fine would be sending the wrong message to you and the community."

Magistrate Morton sentenced Gillan to three months in prison, suspended for 12 months.

"You now have two sets of jail hanging over your head," he told Gillan.

"You are getting too old for this."