Byron Bay LSD dealer gets sentence cut
A FORMER Byron Bay drug dealer caught with $200,000 worth of LSD has had a year shaved off his sentence on appeal.
Henry Edgar Des Rosiers was behind bars for more than a decade after being caught with a large drugs cache at his home in April 2004.
The haul included 196g of liquid LSD, 101 sheets of blotting paper containing 1000 heart-shaped logos, 90.6g of MDMA, 724.4g of marijuana, three marijuana plants, 10 tabs already impregnated with LSD or acid, and six capsules of hallucinogenic 2C-B.
The sentencing judge accepted the police's estimation the LSD's street value was between $200,000 and $1.5 million, and sentenced Des Rosiers to 15 years in prison with no parole for 12 years.
He was released about four months ago after serving 12 years, but still had two years and eight months of parole left.
Des Rosiers appealed the sentence, arguing the Court of Criminal Appeal could not be satisfied beyond reasonable doubt the LSD was worth more than $200,000.
The Crown did not seek to contradict the claim, meaning the appeals court accepted it.
"Nevertheless, it is relevant that there was, on the evidence, a real possibility of a much greater amount being realised for the LSD,” Justice Robert Macfarlan said.
"In light of this, whilst I would accept the Crown's submission that Count One constituted 'an extremely serious drug offence', I would not accept its submission that it was at the upper end of the range of objective seriousness.”
The court reduced Des Rosiers' sentence to 14 years, meaning his parole will now expire on April 18, 2018.