Appearing in the County Court on Tuesday, Edithvale man Kurtis Smith was granted bail with conditions of a 10pm curfew. He can not leave the state of Victoria, and had to surrender his passport. 

Smith pleaded guilty in the Ballarat Magistrates Court on January 29 to drug trafficking, with police stating he had more than 99 ecstasy tablets in total when arrested.

Judge Frank Gucciardo said there had to be compelling reasons to grant bail. He said while he had considered the “seriousness” of the offending, he was swayed by the competing interests of Smith’s “youth, lack of priors, clear family support” and his successful community corrections order assessment. 

“These elements all should be considered by an appeal judge if an an opportunity presents itself for material to be presented, but that won't happen if he's in custody, in fact worse can happen in custody for a 23-year-old,” Judge Gucciardo said.  

Smith was supported in court by his mother, father and other family members. 

He will return to the County Court to appeal his sentence in April.