A DYING emphysema patient caught selling cannabis at a Cairns pub is grateful that a magistrate showed him leniency despite his long criminal history.

Breathing through an oxygen tank and bound to a wheelchair, 66-year-old Noel Dunne fronted court yesterday to face charges of drug dealing.

He was caught by a police officer in the act of trading a clip-sealed bag of cannabis for a wad of cash at the Railway Hotel on McLeod St in May this year.

Dunne, who the court heard had “rapidly deteriorating health” and was preparing to enter palliative care, pleaded guilty to supplying 7g of cannabis and possessing just over $1000 in drug money.

media_camera CAUGHT: Noel Dunne pleaded guilty to supplying 7g of cannabis and possessing just over $1000 in drug money. PICTURE: MATTHEW SULLIVAN

“He had only just been given the cannabis that was located and had been instructed by the person who gave it to him that others would approach him,” defence solicitor Paul Richardson said.

“The investigating officer is an officer not unknown to Mr Dunne – subsequent to this he has searched Mr Dunne’s residence on a number of occasions without finding anything further.”

Magistrate Anthony Gett issued a nine-month suspended prison sentence with immediate parole.

The court heard Dunne’s criminal record included multiple terms of imprisonment and dated back to the 1980s.

However, Mr Gett said Dunne’s ailing health and timely plea of guilty were mitigating factors in defence.

“I accept that, in essence, you were the middle man – you were given the cannabis to onsell it,” he said.

“You have a significant number of health concerns. It would seem that your health is in very poor condition.”

“But a deterrence is required (for) a person, such as yourself, who peddled drugs.”

Outside court, Dunne said he was relieved not to be taken into custody.He told The Cairns Post he had intended to take a cut from the drug deal because he was struggling to pay for his medical needs, rent and electricity bills.