A 24-year-old French national who pleaded guilty to trafficking drugs at the Rainbow Serpent Festival has successfully appealed a three-month jail sentence.
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Jeremy Granier was sentenced to three months imprisonment at the Ballarat Magistrates Court on February 11 after he pleaded guilty to one count of each trafficking MDMA, trafficking cocaine and possessing a drug of dependence.
The County Court on Wednesday heard Granier was searched and arrested at the popular music festival on January 25 after he was found looking inside a vehicle.
When searched, police found a black satchel with five zip-lock bags containing 3.1 grams of cocaine, four zip-lock bags containing 4.6 grams of MDMA, 125 tablet capsules containing MDMA, two Valium tablets, a further five tablets containing MDMA, two counterfeit $50 notes and $2883 in cash.
Granier’s defence lawyer, Hayley Bate, argued the 24 days spent in custody, 18 of which were spent in Ballarat Police cells, so far were excessive.
“This is a most frightening experience for this young man who has never come to the attention of police in Australia or France,” she said.
“If he spoke English or was a resident of Australia there would have been other options for the court (other than immediate imprisonment).”
Ms Bate told the court this was the second time her client had visited Australia, arriving on December 29 with intentions to work after the summer period.
She said Granier, a qualified mechanic, and 8-10 friends bought the drugs to be shared together at the festival.
“He wasn’t selling them to random people,” she said.
She said her client understood while he wasn’t selling the drugs to random people it was still classed as trafficking.
Ms Bate said her client came from a good family in southern France who were “mortified” by what had happened.
She said he planned to return immediately to France once released from custody.
She urged the judge to take into account her client’s young age, his lack of prior convictions, his early plea which she said demonstrated remorse and the fact it was not a large scale operation.
Judge Duncan Allen said he took into account all matters put by defence and determined Granier had already served enough time in prison.
“Trafficking drugs is regarded as very serious,” he said.
“The magistrate imposed harsh penalties because you were trafficking drugs at a festival where young people were...
“Several young Australians have died at festivals over previous months from taking drugs which were bad and poisonous.”
Sentencing Granier to 24 days imprisonment, with his time already served, Judge Allen warned him to behave sensibly until he could leave Australia and return home.