Gerardo Penna, 44, pleaded guilty to a charge of drug trafficking. Photo: Albert McKnight.
A former drug dealer aims to return to working as a real estate agent after being sentenced for possessing 19 grams of meth and $16,000 of likely illegally-obtained cash, a court has heard.
Earlier this year, Gerardo Penna was found not guilty of agreeing to attempt to possess a commercial quantity of a border-controlled drug at the end of an ACT Supreme Court jury trial.
This jury trial, in which he was acquitted, related to an alleged plan to import 750 grams of methamphetamine from the US into Australia in 2021.
But the 44-year-old did plead guilty to the less-serious charges of trafficking a controlled drug and possessing money suspected of being the proceeds of crime, for which he had to be sentenced for on Monday (14 July).
In November 2021, he worked as a real estate agent in Gungahlin, Justice David Mossop said.
Police raided his home and found small bags containing a total of 19 grams of methamphetamine, digital scales and about $16,000 cash.
He was arrested and spent 27 days in custody before he was granted bail.
The court heard the street value of the seized meth was between $8000 and $23,000, depending on the size it was sold.
Penna claimed his offending was due to his own dependence on illicit substances.
Justice Mossop said Penna was a user-dealer who had been using meth daily until his arrest, but had since stopped using drugs and the evidence indicated he was on the pathway to rehabilitation.
The judge also noted how Penna’s onerous bail conditions, including not being able to use the internet for over two and a half years, meant he hadn’t been able to work as a real estate agent after he was arrested.
However, he was now trying to regain his real estate agent’s licence.
Penna’s defence barrister, Beth Morrisroe, said her client had undertaken significant rehabilitation since his arrest.
He’d clearly had a long-standing drug addiction, she said.
Prosecutor Joshua Nottle argued the main issues on sentencing were general and specific deterrence due to “the scourge of drugs in the community”.
Justice Mossop convicted Penna and sentenced him to a total of two years and two months’ jail.
But he took into account time served and the onerous bail conditions when releasing Penna on a one-year and seven-month intensive corrections order, which is a community-based sentence.
He must also complete 100 hours of community service.
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