STATE OF TASMANIA v THERESA MAREE CRAIG 28 APRIL 2022
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Theresa Maree Craig, has pleaded guilty to a complaint of trafficking in a controlled substance between 6 May 2017 and 1 December 2020, and to an indictment for cultivating a controlled plant. I have also agreed to deal with a summary offence of using cannabis pursuant to 385A of the Criminal Code.
The defendant had been employed as an aged care worker and at the time of the offending she was aged between 56 and 59.
The defendant and AS jointly owned a property at Jacobson’s Road, Judbury. Mr S resides at Golden Valley Road, Cygnet. After they purchased the property in November 2016 it came about that they entered into an agreement whereby the defendant would grow cannabis on the property and supply it to Mr S. The defendant was paid by Mr S. As part of the agreement Mr S provided advice to the defendant on how to grow the cannabis, assisted to set up grow rooms, and paid half the electricity costs.
On 1 December 2020, at approximately 9.00am, members of Tasmania Police executed a drug related search warrant at Jacobson’s Road.
During the search police located and seized small quantities of cannabis from inside the house.
Police then discovered an outbuilding on the property which contained two separate hydroponic cannabis grow rooms. During the search they located and seized from inside the grow rooms, 20 cannabis seedlings 1 cannabis plant and 18 cannabis plants.
A preliminary examination of the defendant’s mobile phone revealed extensive text messages between the defendant and Mr S on the social media platform “WhatsApp”. The messages included the defendant asking Mr S for advice on tending the cannabis plants and Mr S providing that advice. The defendant advised Mr S when equipment malfunctioned. He arranged to collect harvested cannabis bud from Jacobson Road and he advised the defendant he had left money for her in the barbeque at the property.
The defendant participated in a video recorded interview in which she stated that she has known Mr S for many years and described him as being like a son to her. In 2015 she lost her life savings through a romance scam and Mr S offered to help her purchase the property at Jacobson’s Road, Judbury in 2016 after which she entered into the agreement with Mr S to grow cannabis solely for him. She said that she smoked cannabis herself and that she last consumed cannabis the night before at her home.
She said that she commenced growing cannabis in around 2017, about two years after she lost her savings in 2015. She stopped because she didn’t want to get caught but she started again because she lost her job. She was growing for personal use and to supplement her income. She was making about $3,000 once every 3 months, generating about $1,000 per month and that had been happening since March 2020. Prior to then her previous cannabis growing would generate around $1,500 per month.
The value of all of the combined cannabis seized from the defendant (plants and bud) is in excess of $46,800 per four month cycle. 12 -14 cycles until March 2020 is about $1,500 per month – 33 months $49,500 from March at $1,000 that is 9 months – total $58,500. Her personal consumption accounted for approximately 1.1 kilograms of cannabis bud per year.
The defendant entered a plea of guilty to the trafficking charge on 8 July 2021 which was the earliest opportunity.
The State seek forfeiture, pursuant to s 38 of the Misuse of Drugs Act of all items, except the Samsung mobile phone (item 16) on Property Seizure Record dated 1 December 2020. I make that order.
The defendant has no relevant prior convictions.
In view of the matters put to me in mitigation I obtained a pre-sentence report. That report informs me, consistently with the matters put on the defendant’s behalf, that the defendant purchased a house in 2016 with her son’s friend, Mr AS and was residing there at the time of the offending. In 2016 she fell victim to an online romance scam from which she lost approximately $280,000. She struggled going from financially sound to experiencing significant financial stress, and thought she could make back some of the money she lost in the scam by participating in the growing of cannabis at the suggestion of and with the assistance of, Mr S.
I am further informed that when reflecting upon the current matter, she is aware that it was a stupid thing to do, and that she has ruined her life including her career and friendships by growing cannabis. She states that she no longer smokes cannabis.
The defendant is deemed suitable for home detention upon providing details of her wi-fi service to Community Corrections, which she has agreed to do.
Trafficking in controlled substances is a serious crime. This Court does not distinguish between the culpability involved in trafficking cannabis, as opposed to any other illicit drug. Cannabis is no longer regarded as a soft drug, and it is now accepted that it is a drug with a range of potentially dangerous and harmful consequences for its users, particularly young persons. General deterrence remains a significant sentencing consideration.
In all of the circumstances, including the defendant’s age, her lack of prior convictions, the reason for her offending and her early plea of guilty, she is convicted on each of the charges to which she has pleaded guilty, and I impose a single sentence of 6 months’ home detention.
The Home Detention Order will contain all of the core conditions in s 42AD(1) of the Sentencing Act 1997.
With specific consideration to s 42AD(1)(g) and (h), the following conditions will be added to the order:
- You must, during all of the operational period of the order submit to electronic monitoring, including by wearing or carrying an electronic device;
- During the period that you are required to submit to electronic monitoring:
- you must not remove, tamper with, damage, disable or interfere with the proper functioning of any electronic device or equipment used for the purpose of electronic monitoring;
- you must not allow anyone else to remove, tamper with, damage, disable or interfere with the proper functioning of any electronic device or equipment used for the purpose of electronic monitoring;
- you must comply with all reasonable and lawful directions given to you in relation to the electronic monitoring, including in relation to the installation, attachment or operation of a device, or a system, used for the purposes of electronic monitoring by:
i a police officer;
ii a probation officer or prescribed officer; or
iii another person whose functions involve the installation or operation of a device, or a system, used for the purposes of electronic monitoring
The following special conditions will be added to the Order:
- You must, during the operational period of the order, remain at [address specified] all times unless approved by a probation officer;
- You must attend the Community Corrections office at Highfield House on the corner of Bathurst and Murray Streets, Hobart for induction onto this order during normal business hours and no later than 1pm on 29 April 2022;
- You must, during the operational period of the order, maintain in operating condition an active mobile phone service, provide the contact details to Community Corrections and be accessible for contact through this device at all times;
- You must submit to the supervision of a Community Corrections officer as required by that officer;
- You must not, during the operational period of the order, take any illicit or prohibited substances. Illicit and prohibited substances include:
- Any controlled drug as defined by the Misuse of Drugs Act 2001;
- Any medication containing an Opiate, Benzodiazepine, Bupropion, Hydrochloride or Pseudoephedrine, unless you provide written evidence from your medical professional that you have been prescribed the relevant medication.
- You must not, during the operational period of the order, consume alcohol, and you must, if directed to do so by a police officer or community corrections officer, submit to a breath test, urine test, or other test, for the presence of alcohol.