A drug dealer who has been locked in his jail cell for all but 15 minutes a day due to COVID protocols has had four weeks shaved off his non-parole period due to the onerous conditions.
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Joel Hines, 35, of east Orange, was given an 18-month jail sentence in Orange Local Court on December 1 last year for supplying methamphetamine and fraud.
Hines had been found in possession of methamphetamine, scales, numerous resealable bags, as well as capsules that tested positive for MDMA as a result of a traffic stop on June 10.
Police said he was driving a Ford Rodeo between Lithgow and Bathurst in a dangerous manner, overtaking vehicles in rain and snow at 3pm.
He was stopped on Sydney Road, Kelso, and police noticed that he appeared to be shaky and nervous, he kept adjusting the sleeve and shoulder of his jumper, they also saw a glass ice pipe in the footwell of the vehicle.
Police searched him and found a black latex glove containing 57.93 grams of methamphetamine hidden between his shirt and undershirt and 0.73 grams in the vehicle.
Hines was arrested as a result and a search warrant was carried out at his home where police found a large amount of small resealable plastic bags, scales, numerous ice pipes, and other drug paraphernalia.
He was also charged with dishonestly obtaining financial advantage by deception and making a false or misleading statement to obtain a Micro Business Support Grant worth $12,000 in October last year despite not having a business.
However, Hines appealed the severity of his sentence in Orange District Court where it was revealed he had only been given 15 minutes of exercise time a day and as well as being denied family visits due to COVID.
Opportunities to call loved ones, or his solicitor were also denied at times.
Judge Graham Turnbull maintained the length of the Hines' overall jail term, which ends on May 31, 2023.
"This man is an active supplier in the community," Judge Turnbull said in district court.
"Having seen him in the witness box he was a most unconvincing witness."
However, due to the more onerous jail conditions, Judge Turnbull reduced Hines' non-parole period from 13 months to 12 months meaning he could be eligible for release on November 30, 2022.
Judge Turnbull upheld Hines' severity appeal for possession of 0.9 grams of methamphetamine that was found in Hines' car on July 24, 2021, and revoked that jail sentence and instead imposed a two-year Community Correction Order.
The order is to date from March 30, 2022 and will increase the time he is supervised in the community when he is released from jail.
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