A 30-year-old man who was caught possessing and selling drugs has been warned further offending will send him to jail.
Darley man Jay May faced the County Court in Ballarat on Friday to appeal a 14 day jail sentence handed to him at the Bacchus Marsh Magistrates Court in July.
Judge Michael Bourke re-sentenced May to a 12 month community corrections order with a requirement he complete 200 hours of unpaid community work and undergo assessment and treatment for drug use.
"If you breach this you will come back before me - I couldn't see how I could not send you to jail," Judge Bourke said.
Crown prosecutor Andrew Moore said police executed a search warrant at May's Darley home in February where they found a set of scales, methamphetamine and zip lock bags in a bag hidden on top of a water tank.
The fact you are not going to jail does not mean this is not a serious offence.Judge Michael Bourke
The court heard police found two bags of cannabis in the bedroom and two zip lock bags containing cocaine and ecstasy in a safe inside the wardrobe.
Records on May's mobile phone indicated he was selling drugs.
In admissions at the police station, May said he was a 'functioning drug addict', had used cocaine during a bucks weekend and had bought cannabis to try but did not like it.
Arguing against a jail sentence, defence lawyer Tony Danos said May had no relevant priors, worked as a concreter, his drug addiction had reduced since he was arrested and he was no longer selling drugs.
"I don't see any point sending you to jail for two weeks," Judge Bourke said.
"You should be punished for specific deterrence...The fact you are not going to jail does not mean this is not a serious offence."
May was charged and convicted of trafficking methamphetamine, trafficking cannabis, possession of ecstasy and possession of cocaine.
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