STATE OF TASMANIA v DYLAN JACKSON GALE 7 AUGUST 2026
COMMENTS ON PASSING SENTENCE JAGO J
Dylan Jackson Gale, you have pleaded guilty to one count of trafficking in a controlled substance. I am also dealing with your pleas of guilty to the related summary charges of possess and use a controlled drug, being methylamphetamine, and possess thing used for the administration of a controlled drug.
Your trafficking was discovered when police attended your residence and executed a search warrant on 25 February 2025. At this time, they found you asleep on the couch. A search was conducted of you and a magnetic box containing 19 individual clip-lock bags, containing methylamphetamine, was located in your pocket. In total, there was 3.33 grams of methylamphetamine found. Police then searched the residence and located an additional quantity of 4.6 grams of methylamphetamine in various clip-lock bags. Also found were a set of electronic scales, a quantity of cash and a number of used ice pipes. Your mobile phone was seized. You provided police with a PIN code. An initial examination of the phone revealed various messages through different applications, and bank transfers consistent with you selling methylamphetamine.
You were arrested. You participated in a record of interview. You made admissions to the police about your personal use of methylamphetamine but did not admit to the police that you had been trafficking in methylamphetamine.
Your phone was subject to a full forensic examination and download. It revealed a number of Threema and Facebook messages, relevant to the sale of methylamphetamine in the Smithton area, between 24 September 2024 and 25 February 2025. The messages revealed that you were selling methylamphetamine to a number of customers on a reasonably frequent basis. They also disclosed communications between you and your dealer relating to you obtaining quantities of methylamphetamine.
The messages disclosed discussions with a third party as to the price for which you might sell a quarter ounce of methylamphetamine. They disclosed the prices you were selling an 8-ball of methylamphetamine for. They related to you negotiating with a dealer to obtain methylamphetamine on tick. They also revealed communications between you and your supplier relating to your outstanding debt and negotiating the purchase of further methylamphetamine. There are also messages from a third party, presumably your supplier, demanding payment of outstanding amounts.
Whilst it is impossible to be precise about the exact quantity of methylamphetamine that you sold, the messages are consistent with you being involved in a drug dealing business that was ongoing for a period of about five months and involved you selling methylamphetamine in street level quantities, to a number of customers, on a regular basis. You were also involved in sourcing methylamphetamine from higher level suppliers. The messages revealed that during the five-month period, you travelled to various locations in Tasmania to collect methylamphetamine. You were purchasing larger quantities of the substance from the dealers, and then re-packaging that methylamphetamine into smaller quantities and selling it to end users in various quantities, including one gram, half a gram, half-balls and 8-balls. The messages indicate that you provided other drug associates with some profits from the sale of methylamphetamine, but as at the time of your arrest, it seems you still owed large sums of money to your dealers.
The methylamphetamine found in your possession at the time of the search was not significant, only some eight grams, but the messages clearly indicate that you had been selling in various quantities, over the period of the indictment. I am satisfied, that you were operating a mid-range trafficking business, which had regular customers. You obviously had relationships with others in the drug trade that enabled you to source methylamphetamine with relative ease, and accumulate debt, suggesting the relationship with your dealer was of some standing. I am satisfied that over the indictment period, the sales resulted in you generating a small profit, but more particularly, enabled you to support your own methylamphetamine habit. I accept that some of the methylamphetamine that came into your business during the indictment period, would have been used by you.
You are 35 years of age. You have a relevant prior criminal history. In 2017, you were convicted of selling a controlled drug and selling a controlled plant. You were also convicted for possessing and using a controlled drug and a controlled plant. The drugs involved were methylamphetamine and cannabis. You also have a prior conviction for driving under the influence of an illicit drug, consistent with your personal use of illicit substances.
At the time of these crimes, you were living with your mother. That residence is no longer available to you because of your involvement in this criminal conduct. You are currently homeless, and reliant on crisis accommodation. Despite that, I had you assessed as to your suitability to participate in the Court Mandated Drug Diversion programme because it is clear that you have grappled with drug addiction for some time now, and your addiction was at the heart of this offending. Unfortunately, because you do not have a stable residence, you are deemed unsuitable to participate in the programme.
It seems your use of illicit substances started from an early age. You were raised in the Circular Head area. Your parents separated when you were about 12 years of age. You continued to live with your father. Your father was a heavy consumer of alcohol. It often led to volatile situations. For example, you recall an occasion where your father placed a knife to your throat when he was drunk. Following you parents’ separation, you had little to do with your mother. You felt she had “no time for you”. You do not maintain a good relationship with either your mother or father.
You began using cannabis at the age of 14. Soon thereafter you began using other drugs, predominately on a social basis. At the age of 17, however, you commenced using amphetamine and cocaine. As those drugs became more difficult to source, you turned to methylamphetamine and soon found yourself addicted. You were purchasing methylamphetamine initially to support your own habit. The cost of that became excessive, so you began selling quantities of methylamphetamine, and became caught in a cycle, accumulating greater debt which you tried to alleviate by increasing sales.
You have a good work history. Since completing your education, you have worked in various occupations, predominately labour based, including for many years at an abattoir, initially as a cleaner but graduating to a boner’s position. You were well regarded in that employment and hope to be able to return to such employment in the future. You recognise that you must address your drug addiction before that can eventuate. I am told that you have started to do so and this morning I am informed that you are pursuing the option of a residency at Missiondale. You had previously commenced drug counselling, but had difficulties in being able to pursue that on a consistent basis when you lost your accommodation.
The CMD report I obtained in respect to you, assesses you as at high risk of re-offending, and deems you eligible for the programme, but as noted, not suitable because of a lack of accommodation.
As has been stated by courts on many occasions, conduct which involves the dissemination of drugs into the community is to be deplored. Methylamphetamine, in particular, is an insidious drug which causes great harm to individuals and the broader community. Such drugs are so often linked with further crime, particularly matters involving dishonesty and violence. Those who choose to engage in the trafficking of illicit drugs, must understand that apprehension and conviction will result in harsh penalties. General deterrence is always an important sentencing consideration.
In my assessment, this offending undoubtedly warrants imprisonment. The only question is whether it is appropriate that you be given the opportunity to avoid immediately serving it, given the steps you have undertaken, and are undertaking, to address your drug use. With some hesitation, I have decided that I should, at this point, place emphasis upon your rehabilitation. As I said, I am satisfied that your addiction was at the heart of this offending, and if that can be addressed, there is a solid prospect that you will again become a contributing member of our community. I have decided to suspend the period of imprisonment that I intend to impose, and I will order that you participate in a Community Correction programme to assist you with your drug addiction.
I make the following orders. You are convicted on all matters. In respect to the possess thing used for the administration of a controlled drug charge, I make no further order. On all other matters, I impose one sentence. You are sentenced to 14 months’ imprisonment. The execution of that period of imprisonment will be wholly suspended on two conditions:
- that for a period of two years, you are not to commit any offence punishable by imprisonment; and
- that you participate in and complete a Community Correction order with supervision, for an operational period of 12 months. The statutory core conditions of a Community Correction order are imposed. Those conditions will be set out in a document that will be provided to you. They include the following:
- You must, during the operational period of the order, submit to the supervision of a probation officer as required by the probation officer;
- You must comply with directions regarding referrals to, and compliance with, alcohol and drug services, including in-patient services;
- You must undergo assessment and treatment for alcohol or drug dependency if directed to do so by a probation officer;
- You must, for the duration of the operational period of the order, submit to medical, psychological or psychiatric assessment or treatment or counselling, if directed to do so by a probation officer;
- You must, if directed to do so by a probation officer, attend, participate in and complete the EQUIPS addiction programme.
I order that you report to Community Corrections, Burnie, by no later than 4:00pm this afternoon.
Mr Gale, this was a finely balanced determination, and you should be under no illusion that if you were to re-offend in any serious way into the future, it is almost inevitable that you will be required to serve the period of imprisonment just imposed. The law is that upon breach of a suspended sentence, a judge must activate the suspended sentence unless it is unjust to do so. If you wish to avoid serving that sentence, I strongly encourage you to address your drug addiction, otherwise the likelihood of you being able to successfully comply with this order, is lessened.
Pursuant to s 38 of the Misuse of Drugs Act, I make a forfeiture order in respect to items 1, 2, 3, 3A, 4, 5, 6, 6A, 7 and 8 on Drug Exhibit Sheet 280881/25. Pursuant to s 11(1) of the Crimes (Confiscation of Profits) Act, I order the sum of $2,245 be forfeited to the State of Tasmania as tainted property. I am satisfied it is proceeds of illicit drug sales. I also order that you pay the costs of the drug analysis in the sum of $6,975.