Nimbin lane boys appeal 'waste of the court's time'
Tuesday 11.42am: "A BIT of a waste of the court's time."
That is how Lismore District Court Judge Laura Wells this morning characterised the appeal process underway against jail sentences handed down to several Nimbin lane boys.
Lane boy Zachary Fuller was sentenced to a minimum six months' jail in July and this morning his solicitor Tracey Randall told Judge Wells she wanted Fuller assessed by a psychologist as part of the appeal process.
"What good would that do Ms Randall?" Judge Wells asked.
Ms Randall replied that Fuller had been affected by the death of his father when he was 25.
"Up until that date he'd had a fairly consistent work history away from the area," she said.
But Judge Wells asked: "Didn't he have a bit of a criminal history before that?"
"No convictions… but he seems to have made a public nuisance of himself.
"He was 25 years of age when his father died… old enough to know the rules."
Judge Wells added she would be "interested to hear what part of the consorting (with a known offender) warning he didn't understand."
The court heard a total of six men are before the District Court this week over jail sentences from drug supply in Nimbin.
Judge Wells said the process was a "bit of a waste of the court's time" as "some poor person" in the Justice Department office would be forced to work up a schedule.
Judge Wells said their criminal history, the police facts, and subjective reports would all need to be assessed by the court.
"That will take a while," she said.
Steve Bolt, solicitor for Fuller's fellow lane boy Beau Anthony Molly-Grabousky, said he also wished to adjourn his client's appeal hearing "for very similar reasons" as Ms Randall.
"Is this a team effort or something?" Judge Wells said.
"Well to a degree Your Honour the offending was a team effort," Mr Bolt replied.
Judge Wells questioned whether new material requested by Mr Bolt "might explain why someone over three months… continued to break the law".
Mr Bolt said there were "errors" in the Molly-Grabousky's pre-sentence report but Judge Wells said she found that "hard to believe".
Nevertheless, she agreed to adjourn the matters until November 13 for mention or hearing in Lismore District Court.
Depending on other matters before the court the actual appeal will be heard on or between November 13 and November 23.
Tuesday 9.49am: TWO Nimbin 'lane boys' appealing jail sentences over their convictions for drug supply will hear their fate today in the District Court.
Zachary Eric Fuller and Beau Anthony Molly-Grabousky were sentenced in July to a minimum six months in jail for their involvement in cannabis transactions in Nimbin's Rainbow Lane.
Both men were immediately granted bail pending their appeal to the District Court.
Fuller, 28, was filmed 10 times during a police operation last year targeting the supply of drugs in Nimbin.
He also breached a good behaviour bond for dealing in the proceeds of crime.
Molly-Grabousky was filmed 18 times at Rainbow Lane during the police surveillance operation from January and April last year.
He also breached a bond for the possession of half a kilo of cannabis.
Lismore District Court Judge Laura Wells will deliver her judgment this morning on whether the men's jail sentences will be reduced, quashed, or upheld.