DONOHUE, J G

STATE OF TASMANIA v JYE GRANT DONOHUE                     3 SEPTEMBER 2025
COMMENTS ON PASSING SENTENCE                                           CUTHBERTSON J

 Jye Grant Donohue, you have pleaded guilty to an indictment comprised of three counts of trafficking in a controlled substance, manufacturing a controlled drug for sale and possessing a thing used in the manufacture of a controlled substance for sale. In addition, you have pleaded guilty to a large number of summary offences associated with these crimes. I have agreed to deal with those matters pursuant to s 385A of the Criminal Code.

All of these matters arise from four separate searches undertaken by Tasmania Police in the period between 12 March 2024 and 1 August 2024.

On 12 March 2024, police attended your home on an unrelated matter. Police noticed a quantity of cannabis plants were growing in the rear of the yard. You also had blue/green staining on your hands. As a consequence of their observations, police obtained a telephone search warrant. During the course of the search, police located seven cannabis plants growing in pots. You later admitted during an interview that you had grown the cannabis from cuttings. You have, accordingly, pleaded guilty to possessing a controlled plants or its products and cultivating a controlled plant.

A loaded VG Bentley model 500 .22 calibre bolt action repeating rifle was located in the laundry. Quantities of .22LR, 12 gauge and .270 Winchester ammunition were found unsecured in a variety of locations at your home. In addition, a firearm suppressor was also seized. You admitted possession of these items and agreed they were not stored appropriately. You told police you held a firearms licence. You have pleaded guilty to charges of failing to ensure the safekeeping of a firearm and ammunition, failing to comply with prescribed storage of ammunition requirements and possessing a silencer arising from your possession of this firearm and related items.

A significant quantity of controlled substances and equipment used to manufacture controlled drugs were also located. 209 grams of pink MDMA powder and 84 grams of blue powder containing MDMA and Pentylone were located in the kitchen. The blue powder was in a baking dish and stuck to cooking appliances. Police also located two vacuum seal machines, 5 MDMA gel capsules, six and half oxycodone tablets, one pregabalin capsule, a zip lock bag containing a small quantity of methylamphetamine, two glass smoking devices (ice pipes), 21½  diazepam tablets, one escitalopram tablet, two green bags labelled “makeup foundation” with Chinese writing on them containing a total of 491.9 grams of Pentylone, electronic scales, a glass smoking device (used to smoke cannabis), bath salts, Firmapress, a pill press with MDMA and Pentylone on its funnel and gears, pill press dies, a zip lock bag containing two MDMA pills, cooking appliances with blue powdered substances in them, a quantity of buprenorphine strips, a second pill press wrapped in clingwrap, multiple packages of coloured binding agents, blue coloured powder, 314 MDMA pills in the shape of star (55.5 grams) and 543 blue MDMA pills in a shape of a star weighing 296.24 grams.

During your interview with police about these items, you admitted the MDMA capsules were yours and that you were a user of that drug. You said the oxycodone and diazepam tablets were yours and you did not have a prescription for them. You admitted the methylamphetamine was yours and that you had been using that drug over the past six months. You said you had last used it that morning. You denied knowing who the pregabalin belonged to. You told police you smoked cannabis sometimes. You admitted that you were going to make MDMA pills. This explained why there was colour on your hands. You told police you did not know all the ingredients but they included MDMA and food colouring. You said that you had not done this before and someone had left the ingredients at your house a week or so prior. You told police you did not know what was in the green bags labelled makeup foundation. You said that you owned the vacuum seal machines and cooking equipment. You told police you decided to make MDMA as you were over Ice. You admitted the pill press was yours but you had not paid for it yet. You claimed to want to make 30 pills.

In total there was 644.9 grams of MDMA located during the course of that search. This is 64.4 times the trafficable quantity. MDMA is a central nervous system stimulant which causes high levels of dopamine to be released which generally enhances a person’s feeling of pleasure, satisfaction and overall well-being. The State asserts that there was a potential to make between 2,962 and 3,082 MDMA tablets from the MDMA powder that was located, including those which had already been manufactured. If those tablets were sold at $30 per tablet, you had the potential to make between $88,860 and $92,460. If the pills were sold in bundles of 100 tablets at an average price of $15 per tablet, the MDMA was valued at between $44,430 and $46,230. These estimates do not take into account the use of the Pentylone. Using that substance in combination with the MDMA could have resulted in a larger quantity of tablets being manufactured. There was a total of 491.9 grams of Pentylone seized. This represents 19.6 times the trafficable quantity. Pentylone is an illicit drug that acts as a stimulant and is reported to provide the user with similar effects as experienced when using methylamphetamine and MDMA. It is not traditionally sold in individual street deals but is usually sold to the user as MDMA or methylamphetamine. As a consequence, its value is aligned with that of methylamphetamine and MDMA. It is the State’s case that you were intending to combine the MDMA and Pentylone to sell it as MDMA.

Four of the crimes to which you have pleaded guilty relate to this search. They  are:

• two counts of trafficking in a controlled substance on 12 March 2024 which relates to your possession of the MDMA and Pentylone;
• manufacturing MDMA on or about 12 March 2024 with the intention of selling it or in the belief that another person intended to sell it; and
• possessing equipment on or about 12 March 2024, namely pill presses, pill press dies and cookware with the intention of manufacturing and selling a controlled substance and/or in the belief that another person intended to sell the controlled substance.

You have also pleaded guilty to the summary offences of possessing a controlled drug on 12 March 2024 (methylamphetamine, oxycodone, diazepam and buprenorphine), using a controlled drug between 2 and 12 March 2024 (MDMA, methylamphetamine and diazepam), using a controlled plant or its product (cannabis) between 2 and 12 March 2024, and two counts of possessing a thing used for administration of a controlled drug (ice pipes and bong).

Following your interview with police on 12 March 2024, you were charged, processed and bailed. You first appeared in the Magistrates Court on a complaint which included charges of manufacturing a controlled drug for sale and trafficking in MDMA and Pentylone on 22 May  2024.

On 18 June 2024, approximately three months after you were first released on bail and less than a month after your appearance in the Magistrates Court, Tasmania Police intercepted a car that you were driving as it left an area in West Ulverstone known to be associated with illicit drug use and distribution. You returned a positive reading to an oral fluid test conducted by police. A snap lock bag was seen protruding from your jacket pocket. As a consequence, police formed a prescribed belief pursuant to s 29(1)(a) of the Misuse of Drugs Act 2001 and searched you and your car. During the search they located 10.5 grams of methylamphetamine in two zip lock bags, digital scales, a used Ice pipe and your mobile phone. You were arrested for possessing a controlled drug and taken to the Ulverstone Police Station. Your phone was examined. You told police that the stuff in your pocket (which was a reference to one of the zip lock bags containing 3.5 grams of methylamphetamine) was not yours. You then admitted that it was yours. You said the 7 grams of Ice was worth $1,500 and you had just picked it up. You claimed to buy “a quarter” of methylamphetamine a week which you used. You also admitted to selling methylamphetamine for approximately three weeks and that you had last sold a couple of days ago. You told police you sold a half weight or half a gram at that time. You claimed that you would use some of the 7 grams of the methylamphetamine yourself and sell the remainder. On your phone, photographs were located of a firearm and of zip lock bags containing what appeared to be drugs. There was a message from your mother telling you she was going to call the cops and asking you to “stop supplying your little brother drugs”.  Other messages indicated that you were engaged in the sale of drugs. The State is unable to determine the amount or value of methylamphetamine that is referred to in the messages on the phone. The 10.5 grams of methylamphetamine found in your possession could have been sold for between $5,250 or $7,350 if sold by the point. You were again charged, processed and bailed after your interview with police.

You have pleaded guilty to the summary offences of use a controlled drug on 16 June 2024 (methylamphetamine), driving whilst not the holder of a driver licence on 18 June 2024, possessing a thing used for administration of a controlled drug (Ice pipe) and driving a motor vehicle whilst a prescribed illicit drug is present in your oral fluid (methylamphetamine, amphetamine and MDMA) all of which arose from that search.

On 25 June 2024, a week after being bailed on 18 June 2024, police observed you get out of the passenger seat of a car and walk towards an address in East Devonport they had under observation. After they approached you, and as a result of their intelligence holdings relating to your previous interactions with police concerning drugs, they formed a prescribed belief pursuant to s 29(1)(a) of the Misuse of Drugs Act and searched you. You were argumentative and would not remove your hands from your pockets. Police believed you were concealing items of interests and attempted to remove your hand. You resisted police handcuffing you and obstructed the search. You have pleaded guilty to wilfully obstructing police in relation to this conduct.

You were ultimately restrained and searched. Police found a sunglass case in your pocket which contained a zip lock bag containing .7 grams of methylamphetamine, a zip lock bag containing 4 Xanax tablets and 11 partial Xanax tablets, a lighter and an unused Ice pipe. You were cautioned and told police that these items were yours. When you were released from restraint you were searched further. Police located two zip lock bags containing a total 25.2 grams of methylamphetamine in your underpants. You again admitted that the drugs were yours. You were taken to the Devonport Police Station and declined an interview. Your phone was seized and initial investigations revealed conversations relating to drug transactions as well as photos of what appears to be methylamphetamine, cash, bank transfers and firearms. It was also discovered that you were communicating on an encrypted application, Signal. The communications and photographs indicated your involvement in the sale and purchase of drug. The State asserts the 25.9 grams of methylamphetamine could have been sold by the point and returned between $12,950 and $18,130. The State accepts, however, that you would have used some of the methylamphetamine that was seized. You were again charged, processed and bailed. The charges on that occasions included one of trafficking in methylamphetamine.

About five weeks later on 1 August 2024, Tasmania Police attended your home in Parkham to execute a drug related search warrant. During the course of the search, police located new zip lock bags, new vacuum sealed bags, a number of rounds of .22 ammunition, a magazine containing .22 ammunition, a zip lock bag containing cocaine residue, a zip lock bag containing .1 grams of MDMA, 6.32 grams of methylamphetamine on a dresser, used Ice pipes, capsicum spray, a Xanax tablet, two Valium tablets, a quantity of pregabalin tablets, $1,350 cash in an envelope, four further zip lock bags containing a total of 62 grams of methylamphetamine hidden in a speaker, digital scales, a used bong, a heat sealer, a used Ice pipe, zip lock bags containing methylamphetamine residue, 12 gauge ammunition, a cryovac machine, a cash counter and new cryovac bags. Police also located a Sterling .22 rifle which had been shortened to a length less than 65mm and which was wrapped in a vacuum sealed bag and located under the front doorstep with further .22 rounds of ammunition.

At the time of the search, you were the subject of a restraint order with a condition that during the period of the order you must not possess any firearm, part of a firearm or ammunition. You denied ownership of the firearm and the ammunition found at your premises when interviewed by police. You have now, however, pleaded guilty to charges of possessing a firearm when not the holder of a firearm licence of the appropriate category, possessing a shortened firearm, possessing ammunition when not the holder of a licence for a firearm which takes such ammunition, failing to take all precautions to ensure safekeeping of ammunition, failing to take all precautions to ensure safekeeping of a firearm and breach of restraint order.

As to the drugs and drug related items located during the search, you confirmed all of the methylamphetamine found at your house was yours during the course of your interview with police. You told police that you were going to sell some of the methylamphetamine found in the speaker. You told police you used methylamphetamine and had used it every day for the past six to eight months. You last used it the previous night. You had been selling methylamphetamine for the past eight months. You said that since June 2024 you had been selling more regularly, five to ten times a week, and in larger quantities. You estimated that you had made $30,000 in the last eight weeks and had used it to pay your rent and other expenses and to buy more methylamphetamine. You told police you last sold 7 grams the day before for $1,500 on tick. You explained you sold methylamphetamine by the half weight, half balls, grams, eight balls for $1,000, quarter ounces for $1,500 and half ounces for $3,000. You agreed the cash was yours. You told police that the capsicum spray had been given to you. You also agreed that the cryovac machine, cash counter and scales were yours. You told police you used the cryovac machine to package drugs.

It is the State’s case that the 62 grams of methylamphetamine could have been sold by the point for between $31,000 to $43,400 or if sold by the ounce for $10,000 to $14,000. The State again accepts that some of that methylamphetamine would have been for your own use

Your phone was also seized, reviewed by police and the contents photographed. Communications were again consistent with your involvement in the sale of methylamphetamine.

The final count on the indictment, one of trafficking in methylamphetamine is an assertion that you were engaged in the business of trafficking in methylamphetamine in a Giretti sense between 28 May 2024 and 1 August 2024.

In addition, you have pleaded guilty to further summary offences from that 1 August 2024 search as follows:

• Three counts of possess a controlled drug (cocaine, diazepam and alprazolam) on 1 August 2024
• Two counts of using a controlled drug (methylamphetamine and MDMA) on 31 July 2024
• Two counts of possessing a thing used for the administration of a controlled drug on 1 August 2024 (four Ice pipes and a bong)
• possessing a prohibited import namely capsicum spray.

The last of those charges is an offence contrary to ss 233(1AA) and 233(1)(d) of the Customs Act 1901(Cth).

You have spent 20 days in custody on these matters as you were initially denied bail before it was granted on 20 August 2024.

You are 30 years old. At the time of the first search, you were living alone. You had recently lost your job. You previously had a good employment record working as a chef. You lost your job when your relationship broke down and you commenced using Ice. This developed into a habit and the combination of your emotional issues and drug use caused problems in the work place and the loss of your employment. You have experienced significant drug addiction issues in the ensuing period. You have a supportive, pro-social family but they are not supportive of your conduct.

Your drug use reached a point where you are unable to afford to support your habit. I am told you were then manipulated by your dealer to manufacture drugs as a way of dealing with your drug debt. It appears that your skills as a chef were recognised as being useful in that regard. The ingredients and equipment were delivered to you for the purposes of manufacturing MDMA.

In respect of your trafficking in methylamphetamine, this was described as another opportunity that was presented to you by your dealer. You were still addicted. You started off selling smaller amounts which increased over time until the search on 1 August 2024. Your practice was to purchase from your dealer and sell what you did not use yourself to known users. You were using large amounts of methylamphetamine at that time, more than three points per day. During your interview with police you admitted you would have received $30,000 in gross profits during the course of your trafficking in that substance. There was no indication you were living a luxurious lifestyle. You counsel submits that the $1,350 cash found suggests you were not making large amounts from your activities which were principally funding your habit.

In respect of the firearms matters, your counsel submits there is a distinction between those which resulted from the search in March and those relating to the August search. In March 2024, you held a firearms licence. There was a possum issue on your property and you accept that you did not put the firearm away appropriately. It is submitted those charges are in no way connected to your manufacturing and trafficking of drugs. In relation to the firearms matters arising from the search of the Parkham address, you agree you knew the firearm and ammunition was under the front doorstep but you did not own them. The ammunition found in other parts of the house was some that you found when you moved from your previous address.

It is submitted that you pleaded guilty at a relatively early stage. All of your offending is closely related to your drug use. Although you have made efforts to reduce your drug use since August 2024, you have not been successful in stopping completely.

Your counsel urged me to have you assessed for suitability a drug treatment order. I also sought an assessment of your suitability for home detention. It is submitted that you have significant prospects of rehabilitation given your prior offending is confined to driving matters and you have spent a large part of your adulthood obtaining qualifications and maintaining employment. You believe that you could get back to where you were with some assistance to deal with your drug issues.

You have few prior matters and they are confined to traffic offences, including a high reading drink drive offence committed in 2017 which resulted in you being sentenced to perform 70 hours community service in 2018. You completed those hours in September 2019.

The home detention and drug treatment order assessment report outlined the background to your offending, noting it was motivated by the pressure to make money to pay off the large drug debts you had accrued. You had experienced other financial difficulties associated with losing your employment and a valuable car that was burnt out by an associate. The report writer noted you advised you have distanced yourself from pro-criminal associates since your release from custody in February. This included by changing your contact number and social media pages. It was noted that you have an extensive history of polysubstance use commencing with using cannabis when in high school. Your current primary drug of concern is methylamphetamine. You commenced smoking that drug at aged 24, originally on a social basis but increased to daily dependence approximately 18 months ago. It is reported that you were using one to two grams per day at an approximate cost of $300 to $600. At the time of your assessment, you were still smoking methylamphetamine daily and experiencing withdrawal symptoms when you do not have access to the drug. You have never attended counselling or rehabilitation, although you have previously considered contacting Alcohol and Drug services. You are currently unemployed. You have a new partner and have been together for 12 months.

The assessment undertaken by Community Corrections found that you were at high risk of reoffending. The Court Mandated Diversion team were satisfied there is a demonstrable link between your illicit substance use and offending behaviour and you were therefore considered eligible for a drug treatment order. After some initial concerns, Community Corrections have now deemed you suitable as you now have an address they do not oppose you utilising during the course of any such order. You are considered unsuitable for a home detention order, particularly given the difficulty you would have in remaining completely abstinent from drugs and alcohol.

Your offending is undoubtedly serious. An aggravating factor is that you continue to offend when on bail. Your initial offending involved the manufacturing of MDMA and trafficking. The trafficking charges associated with that particular search concern your possession of MDMA pills that had already been made and the materials that were going to be used to manufacture further MDMA. You knew that the MDMA was intended to be sold. Subsequent to being bailed and appearing in the Magistrates Court on those charges, you commenced selling methylamphetamine. The period of time to which that trafficking charge related was just over two months. The amounts involved were not insignificant but, in my view, do reflect the sort of dealing which one associates with a user trying to support their own habit. The State estimates that the drugs you possessed could have been sold for between $72,630 and $161,340 depending on how they were sold. This figure does not include the $30,000 worth of drugs you admitted selling during the period covered by the charge of trafficking in methylamphetamine.

The other concerning feature of your conduct is your possession of  a firearm and ammunition in August 2024. No satisfactory explanation was provided for your possession of the firearm and ammunition at that time. I accept there is no evidence the firearms matters arising from the search of your home in March 2024 are connected with your drug use and trafficking.

Methylamphetamine is a dangerous and highly addictive drug that causes great harm to those who use it and the community in general. Your conduct facilitated the distribution of that drug within the community, although I accept that it was likely you were dealing to existing users. As for MDMA, it too is a drug that is of concern in the community. It is well recognised that general deterrence and denunciation are the primary sentencing considerations in relation to such offending. In your case, the fact you continued to offend whilst on bail suggests that specific deterrence is also a relevant consideration.

Your rehabilitation, however, is a factor that must also be taken into account. You continue to use methylamphetamine which is of some concern to me. I accept that you want to cease using methylamphetamine and that you would benefit from support to do so. You made significant admissions to police when interviewed. Although your offending is serious and warrants a period of imprisonment, I am satisfied that it is appropriate to make a drug treatment order in this case. Such an order will still constitute punishment because there will be a custodial period which you will be required to serve if you breach the conditions of the order. I also consider that engagement in the Court Mandated Diversion program is onerous in itself. To succeed, you will need to commit to attending appointments for treatment, supervision and testing which will involve inconvenience and hardship. I consider such an order will be an adequate punishment and, if you succeed, will benefit both you and the community.

I am satisfied of the following matters:

• you are guilty of one or more imprisonable offences. Those offences are not sexual offences or offences involving infliction of actual bodily harm;
• you have a demonstrable history of illicit drug use which has contributed to the commission of these offences;
• if I was not making a drug treatment order I would have sentenced you to a term of imprisonment and would not have suspended it either in whole or in part;
• I have received and considered a drug treatment order assessment report in respect of you;
• you are not subject to a parole or another drug treatment order;
• there are no proceedings pending against you in any court;
• the facilities likely to be used for the treatment and supervision part of any order I make are reasonably accessible to you. This is particularly so in light of your proposed address which is close to those services;
• there are sufficient staff and resources to enable the treatment and supervision part of any drug treatment order to be implemented;
• in all the circumstances it is appropriate to make such an order;
• you will agree in writing to the making of such an order and agree to comply with it.

Convictions are recorded in relation to all charges on the indictment, counts 4-13 on complaint 32603/24, counts 2, 4, 5 and 6 on complaint 5315/24, counts 1 and 2 on complaint 53278/24 and counts 2-6, 8-15 and 17 on complaint 53093/24. Count 3 on complaint 32603/24, counts 1 and 3 on complaint 53158/24 and counts 1, 16 and 18 on compliant 53093/24 are subsumed within the charges on the indictment and dismissed.

In respect of count 6 on complaint 53158/24 (drive a motor vehicle whilst a prescribed illicit drug is present in your oral fluid) you are fined $500 and disqualified from driving for 4 months from today. On count 4 on complaint 53158/24 (unlicensed driving) you are fined $400. On count 10 on complaint 53093/24 (possess a prohibited import), you are fined $200.

I make a drug treatment order in respect of all counts on the indictment and counts 4-8 and 11-13 on complaint 32603/24, count 2 on complaint 53158/24, counts 1 and 2 on complaint 53278/24 and counts 2-6, 10-12, 14, 15 and 17 of complaint 53093/24. The custodial part of the order will be a term of imprisonment of 18 months. You are not required to serve all or any of the custodial part of the order unless ordered to do so by a court if you do not comply with the conditions of the order. The conditions of the order are as follows:

CORE CONDITIONS:

1.you must not, in Tasmania or elsewhere, commit another imprisonable offence.

2 . you must attend the Magistrates Court of Tasmania at Launceston at 2.15pm on 30 September 2025, and thereafter appear before that court or the Supreme Court of Tasmania as and when directed;

3 . you must report to a court diversion officer at Community Corrections at Launceston within two clear working days of the making of this order;

4 . you must undergo such treatment of your illicit drug use problem as is specified in this order or from time to time specified by a Court;

5.you must report to, and accept visits from, your case manager or court diversion officers;

6 . you must, unless there are special circumstances, give your case manager at least two clear working days’ notice before any change of address;

7 . you must not leave Tasmania except with the permission, granted either generally or in a particular case, of a court;

8. you must comply with all lawful directions of a court;

9 . you must comply with all reasonable directions of your case manager and court diversion officers concerning the core conditions and program conditions of this order.

PROGRAM CONDITIONS:

10. you must submit to drug testing as directed by your case manager or court diversion officers;

11. you must submit to detoxification or other treatment, whether or not residential in nature, as directed by your case manager or court diversion officers;

12 . you must attend vocational, educational, employment, rehabilitation or other programs or as directed by your case manager or court diversion officers;

13. you must submit to medical, psychiatric or psychological treatment as directed by your case manager or court diversion officers;

14. you must attend counselling as directed by your case manager or court diversion officers;

15. you must be contactable by telephone at all times and inform your case manager or court diversion officers of any change of telephone number;

16. that you not associate with any person or classes of persons as directed by your case manager or court diversion officers;

17 . you must reside at **address** and not change that address without the prior approval of a court, your case manager or court diversion officer;

18. you must not be found in a public place between the hours of 10 pm and 7 am each day;

19. you must not use any illicit drug;

20. unless permitted by the court, your court diversion officer or case manager you must not consume alcohol or any other intoxicating substance;

21. you must submit to testing for the presence of alcohol in your body as directed by the court diversion officer or case manager;

22. you must participate in and complete the EQUIPS Addiction Program as directed by a court, your case manager or court diversion officers.

Please understand that if you do not comply with the order or you commit another offence punishable by a term of imprisonment exceeding 12 months during the life of the order, the drug treatment order may be cancelled and you may be required to serve the custodial part of that sentence. In fact the commission of any offence punishable by imprisonment can activate the cancellation provisions, but there is a particular issue if it is an offence punishable by imprisonment for more than 12 months.

In respect of the remaining charges, counts 9 and 10 on complaint 32603/24, count 5 on 53158/24, and counts 8, 9 and 13 on complaint 53093/24, I make no further order.

The State has sought the costs of the analysis of items seized by police on 12 March and 1 August 2024 pursuant 36B of the Misuse of Drugs Act 2001 in the sums of $12,118 and $1,116 respectively. There is no objection to the order being made. I am satisfied that they represent the reasonable expenses of analysis and I so order.

I also order pursuant to s 38 of the Misuse of Drugs Act that the following items are forfeited to the Crown:

• Property seizure record receipt 222815 to 222818 – items 10 (bag), 12 (bag), 13, 14, 16, 19 (bag), 22(bag), 28 (bag), 29 (bag), 31 – 42, 44 – 46, 48 – 51, 56 – 58, 60 (bag), 63, 64.
• Drug exhibit sheet number 277479/24 – items 3 and 4 (digital scales and Ice pipe);
• The mobile seized by police on 18 June 2024;
• Property seizure record receipt 224607 – items 1 – 4;
• Property seizure record receipt 224608 – item 1 (iPhone);
• Property seizure record dated 1 August 2024 – items 1, 6(a) (bag), 6(b) (bag), 7, 8, 11, 13, 14(a), 16, 17 (bag), 19, 20, 22, 23 (bag), 24, 26, 27, 30, 31, 33 – 36, 37(a), 37(b), 37(c), 38(a), 39(a), 39(b), 39(c), 40.

 

Although forfeiture orders were also sought in relation to the firearm related items pursuant to s 38 of the Misuse of Drugs Act, I have formed the view that it is inappropriate to make them given the absence of evidence that the firearms or ammunition were used in the commission of an offence pursuant to that Act. However, I have decided to treat the application as one to which s 149 of the Firearms Act applies. Pursuant to s 149(2B)(d) of that Act, I am obliged to order the forfeiture of the shortened firearm to the Crown. In respect of the remaining firearm, the silencer and the ammunition that were seized, I am satisfied that it is appropriate to order the forfeiture of those items to the Crown pursuant to s 149(2)(a) of the Firearms Act for the reasons set out at s 149(2A)(c) and, in the case of the silencer, s 149(2A)(a).  Accordingly I order forfeiture to the Crown pursuant s 149(2) of the Firearms Act of the following:

• Property seizure record receipt 222815 to 222818 – items 1, 3, 5 – 7, 15, 21, 23, 27, 30, 47 and 65.
• Property seizure record dated 1 August 2024 – items 2, 4, 10, 15, 18, 21, 29(a), 29(b), 29(c), 29(d), 29(e).

Forfeiture orders were also sought in relation to a bicycle seized during the search on 1 August 2024. The application in respect of that item is adjourned sine die pending further submissions from the State.

I also order pursuant to s 11(1)(a) and 16 of the Crime (Confiscation of Profits) Act 1993 that the $1,350 cash seized on 1 August 2024 and identified as item 25 in the property seizure records of that date be forfeited to the Crown.

Pursuant to s 229 of the Customs Act (Cth), I order the forfeiture to the Crown of item 12 on the property seizure record dated 1 August 2024.