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New jail term after ‘non-valid’ sentence

By CAM LUCADOU-WELLS

A SERIAL drug trafficker has been told by a judge that he dodged a “big bullet” after his suspended two-year jail term was ruled “non-valid”.
Max Markham, 31, of Narre Warren, faced Dandenong Magistrates’ Court on 11 April with the jail time hanging over his head after last year being convicted over a long list of charges between 2012 and 2014.
The offences included dangerous driving, drug driving, exceeding the speed limit by 45 km/h or more, disqualified driving and trafficking ecstasy and ice.
On 11 April, magistrate Jack Vandersteen found the suspended sentence was invalid because the two-year jail term was greater than its operational period of 12 months.
“It’s a non-valid sentence. He’s dodged a big bullet.”
Mr Vandersteen, however, jailed Markham for 180 days on a dozen new charges in Berwick and Frankston North, including trafficking ice, possessing GHB, proceeds of crime, disqualified driving and breaching bail.
The offences occurred between March 2015 and February this year while Markham was on a 12-month community corrections order.
He had spent the past 67 days in pre-sentence custody.
When released from jail on 2 August, Markham will re-start the community corrections order because “he can run riot and out of control very quickly”, Mr Vandersteen said.
The supervised order will include drug and mental health treatment, and offender behaviour programs. Markham won’t be required to undertake unpaid work.
Mr Vandersteen said Markham, a father of two, had succumbed to a “downward spiral” due to drug-taking and depression.
But the accused had “a lot going for you”, including a lack of priors until recently, potential employment, and a stable home with a long-term girlfriend who was no longer a drug user.
“It’s back to you what you do when you’re out on 2 August,” Mr Vandersteen said.

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