STATE OF TASMANIA v SCOTT ANDREW CRIPPS WOOD J
COMMENTS ON PASSING SENTENCE 29 MAY 2019
Mr Cripps was last before me was on 29 May 2018, exactly a year ago, and the matter is again before me today by way of a deferred sentence. The matter before me is charge 2, possessing a controlled drug, involving MDMA and conduct of importing.
I refer to my comments on passing sentence on 29 May 2018. I said to Mr Cripps that the sentence I would impose for charge 2 would depend upon the steps he takes and his response to the orders that I made. In relation to one of the other two charges of possession of a controlled drug, I imposed 98 hours of community service and a probation order for two years, with a special condition as to his drug use, and also as to medical, psychological or psychiatric assessment or treatment. In relation to the other charge, I recorded a conviction and imposed a further 70 hours of community service, and the same probation order. Then, I said to Mr Cripps in respect to charge 2: you know that you are on the brink of a gaol sentence, but if you address your drug use and if you are entirely cooperative with the orders I have imposed then I will be able to consider an alternative to actual gaol. I adjourned sentence to today and remanded you on bail and requested a pre-sentence report for today.
I have a copy of the report prepared for me, dated 16 May 2019. The report is entirely positive. It refers to the fact that over the last 12 months Mr Cripps has been working as a truck driver, he hopes to pursue fly in/fly out work in Queensland once the probation orders are resolved. He has been seeing his clinical psychologist, Dr Haines, and has seen her on nine occasions. He has completed all of his community service hours without incident and completed 12 months of his probation order with good compliance. It is noted that he has 12 months remaining on his probation order and that minimal supervision is all that will be required because of his good progress.
In light of that positive report I now intend to impose a sentence that will mark his offending but have no additional impact upon him. The order I impose is what is called a community correction order.
Mr Cripps, this is a new type of order that has come in since you were sentenced last May. The community correction order will be in place for a period of 12 months from today.
The conditions are those which are set out in the legislation:
- 1 During the period of 12 months, Mr Cripps must not commit an offence punishable by imprisonment;
- 2 He must report within 1 working day to a probation officer at 114 Bathurst Street in Hobart;
- 3 He must comply with all the reasonable and lawful directions of a probation officer;
- 4 He cannot leave Tasmania or remain outside of Tasmania without the permission of his probation officer and if his probation officer allows that he may do so subject to any restraints placed upon him by his probation officer;
- 5 He must give written notice to his probation officer of any change of address or employment within 2 workings days of that change.
The special condition I impose is pursuant to s 42AP (1)(c) of the Sentencing Act that he must, during that 12 month period, submit to the supervision of a probation officer as required by his probation officer. That community correction order will run at the same time as the balance of his probation order.