Desmond Knight appeals jail sentence for drug supply, assaulting police

Desmond Kenneth William Knight, 38, of Maroney Close, was given an 18-month jail sentence with nine-month non-parole period for supplying a prohibited drug in Orange Local Court on July 24.

The methamphetamine weighed 61 grams, including packaging, and according to police had an estimated street value of $25,000.

The drugs were found when he and his car were searched about 12.30pm on May 26, 2019, after police found him asleep in his vehicle in Warrigal Place.

At the time of his arrest on May 26, Knight was on bail pending severity appeals relating to jail sentences he was given for assaulting police and assault occasioning actual bodily harm in September, 2018. He was also subject to community correction orders for related offences.

According to information tended to the court, Knight served 59 days in pre-sentence custody from May 26 to July 23. He was still in custody when he appeared via audio visual link before Acting Judge Geoffrey Graham in Orange District Court on Monday.

Acting Judge Graham said Knight ran his own business, which was affected by his time in custody, had a good work ethic, had family support, and was trying to overcome issues with drugs, alcohol and seek help with his mental health.

"He has been abstinent from alcohol for almost a year," Acting Judge Graham said.

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"These are fundamentally issues where the mental health of the individual played a significant role.

"Accordingly it's appropriate to reduce the sentences as described."

Acting Judge Graham set aside the local court sentence and instead gave Knight a 15-month intensive correction order for the drug supply.

He also set aside jail sentences of 18-months with nine-month non-parole periods for assaulting a police officer and assault occasioning actual bodily harm on September 7, and assaulting a police officer on September 8, 2018.

"Assaults on people officers, even by people going through mental health issues, are to be deplored," he said.

In lieu of the full-time jail sentences for the 2018 offences, Knight was given 15-month intensive correction orders.

The intensive correction orders were community-based custodial sentences and were to be served concurrently from Monday.

Conditions include supervision, treatment and rehabilitation for mental health issues and substance abuse, as well as attending full-time or residential rehabilitation.