STATE OF TASMANIA v MICHAEL JOHN GLOVER 21 MAY 2026
COMMENTS ON PASSING SENTENCE JAGO J
Michael John Glover, a jury found you guilty of two counts of trafficking in a controlled substance and one count of dealing with proceeds of crime. Additionally, you have pleaded guilty to a third count of trafficking in a controlled substance. The count to which you pleaded guilty, relates to trafficking in methyl amphetamine. The counts in respect to which the jury found you guilty, relate to trafficking in cocaine and trafficking in MDMA. The dealing with proceeds of crime count involved the sum of $95,250.
The State’s case in respect to each of the trafficking charges was that on 12 September 2024, you were in possession of the respective substances with the intention of selling them. Their case in respect to the dealing with proceeds of crime charge was that you knew the money had come from the previous sales of illicit drugs.
To the extent that the facts do not emerge from the verdicts, it is my responsibility to make findings of fact. In determining facts for sentencing, I may only make findings adverse to you if satisfied beyond reasonable doubt they have been proved, and I may only make findings of fact in your favour if they are proved on the balance of probabilities.
I am satisfied beyond reasonable doubt that on 12 September 2024, you possessed each of the substances and in the main, you intended to sell those substances. I accept it is likely, given your use of illicit substances, that you would have used a small portion of the methyl amphetamine, cocaine and MDMA, but for reasons which I shall explain, without hesitation I find that in the main, your possession of the substances was for the purpose of selling them. I am also satisfied beyond reasonable doubt that the $95,250 that was in your possession came from selling illicit drugs in the lead up to 12 September 2024.
On 12 September, police executed a search warrant at a storage unit that you leased. They located 268.8 grams of methyl amphetamine, 74.3 grams of cocaine and 146.4 grams of MDMA. Those drugs were located across two separate locations, a portion of each drug in a Coca Cola bar fridge and a portion of each in a lockable toolbox. They also found the $95,250, made up predominately of $50 and $100 notes, in the Coca Cola bar fridge.
In the weeks leading up to 12 September, police had made arrangements with the owner of the storage facility to remotely access the CCTV system so they could observe your movements. On 12 September, they saw you attend your unit with another person. That person also leased a storage unit at the same facility. They saw you and the other person depart from the storage facility in your motor vehicle. You were the driver. Police arranged for your vehicle to be intercepted by another police unit. When police officers endeavoured to intercept you by activating their lights and sirens, you did not immediately respond. You continued to drive for a period of time before eventually pulling over near an underpass on the Bass Highway. Your passenger exited the vehicle and ran. He dropped a backpack he was carrying. When police examined it, it contained illicit drugs, but the State’s case was not that you and he were involved in dealing with illicit drugs together. Police apprehended you. They seized the keys to your motor vehicle, which contained a key to the padlock on your unit at the storage facility. They then utilised that key to gain access to the storage unit.
As noted, they found in the Coca Cola bar fridge, methyl amphetamine in a cryovac bag, cocaine in a snap lock bag, and MDMA in a snap lock bag. In a toolbox, they found MDMA in a cryovac bag and in a snap lock bag, methyl amphetamine in four separate snap lock bags and cocaine in a snap lock bag. Police later executed a search warrant at your home address. At those premises, they found various quantities of cash (not part of the $95,250 found to be proceeds of crime), various quantities of snap lock bags, a cryovac machine, cryovac bags and a set of scales.
You gave evidence at the trial. You admitted to purchasing 10 ounces of methyl amphetamine. You said you purchased that quantity initially intending to use it to assist with pain management. You explained to the jury that you had sustained a serious injury whilst working in Queensland and by September 2024, your pain medication had been reduced to the point that you were struggling to cope. You said you intended to use the methyl amphetamine to assist with pain, but you subsequently were able to purchase quantities of MDMA and cocaine, which you preferred to use, and thus decided to sell the methyl amphetamine. You denied that you intended to sell any of the cocaine or MDMA, claiming your intent was to use it personally.
The jury obviously rejected your claims about what you intended to do with the MDMA and cocaine. Without hesitation, so do I. The quantities of methyl amphetamine, cocaine and MDMA you purchased are not at all consistent with personal use. Whilst I accept you sustained a serious injury, which has left you with a back injury and back pain, I do not accept the catalyst for your trafficking in illicit substances was personal use. I am satisfied beyond reasonable doubt that this was a commercial enterprise, directed at generating profit. Whilst I accept you would have used small quantities of each of the drugs, your predominant purpose in possessing them was to sell them. This is consistent with the jury’s finding in respect to the dealing with proceeds of crime charge. I am satisfied, consistent with the jury’s verdict, that prior to 12 September 2024, you had been engaged in selling illicit substances and from those sales, you had accumulated $95,250. You knew that money came from selling illicit drugs. The amount of money you had, and the manner in which it was stored, is consistent with you having been involved in selling substantial quantities of illicit drugs for some time. The quantities that you had in your possession on 12 September, are consistent with you intending to continue to do the same.
You are 53 years of age. You have seven children, four of whom are independent. Three children remain under 18 and you continue to provide financial support for those children. You are in a stable relationship of some ten years. You have had an industrious life, holding employment in various industries. At the time of this crime, you owned and operated your own scaffolding and digger business. Prior to 2024, the business had been profitable but was experiencing some difficulties in the lead-up to these crimes. Nevertheless, you still had substantial amounts of money in your personal bank accounts. The amount of money to which you had access clearly indicates that you were not in a situation of financial despair. You choose to traffic in illicit drugs to generate profit, irrespective of the harm that you must have appreciated it would cause. Your crime was rooted in selfishness and greed.
Most relevantly, you have a significant record for commercial dealings in illicit substances. On 6 April 2006, you were sentenced in this Court on a charge of trafficking in a controlled substance. You had brought about 1,220 LSD tablets into the State with the intention of establishing a market. That crime was said to be motivated by greed. You were sentenced to six months’ imprisonment. On 17 February 2009, you were again sentenced in this Court for two counts of trafficking in controlled substances, one count relating to methyl amphetamine and the second count relating to trafficking in morphine, MDMA and cannabis. You were found in possession of about 40 grams of methyl amphetamine, intending to sell that substance, there was evidence of sales of about 100 tablets of MDMA and some 30 morphine tablets. You were sentenced to 15 months’ imprisonment, with a non-parole period of nine months.
On 12 September 2017, you were sentenced in respect to yet another crime of trafficking. This related to the substances MDA and MDMA. You were found in possession of 870 whole, and a quantity of partial and crushed, tablets. Subsequent analysis of the tablets showed they contained the substances referred to. On that occasion, you were given the benefit of the Court accepting the main of the tablets in your possession were for your personal use and that you were using them to “self medicate” following a back injury, which required surgery. At the time of sentencing, it was asserted on your behalf that you had ceased your use of illicit substances and had been on a “steady path of rehabilitation”. The sentencing Court considered it appropriate to prioritise your rehabilitation and you were sentenced to 12 months’ imprisonment, the execution of which was wholly suspended.
Whilst the claim of a “steady path of rehabilitation” may have been true at the time it was made, it soon took a sharp backwards turn. Within five years of the period of suspension expiring, you were again dealing commercially with illicit substances as evidenced by the very large quantity of cash you had accumulated; and you obviously intended to continue to do so, as evidenced by the large quantity of the three different types of drugs that you possessed on 12 September 2024.
Whilst it is trite to say you are not to be punished again for the crimes for which you have already been punished, your prior criminal offending is such that you are not entitled to any lenience, and specific deterrence looms large as a sentencing factor. Whilst I accept that you have a back injury that causes you on-going pain, as I have already noted, in my view greed and commercial profit are at the heart of your offending. The need for punishment, general deterrence and protection of the public, weigh heavily in this sentencing exercise.
The use of and trade in illicit substances causes untold deleterious consequences within our community. Its use and trade generates a great deal of other criminal activity, particularly crimes of dishonesty and violence. Those who seek to profit by causing such harm within the broader community, deserve harsh punishment. You are a repeat offender, despite the opportunities offered to you to assist your rehabilitation. Generally speaking, trafficking motivated predominately for profit, is regarded as more serious than trafficking to fund addiction. I am satisfied this was a money-making enterprise and you accumulated substantial profit from it, as evidenced by your possession of $95,250, which were proceeds of crime.
I take into account that the drugs you had in your possession on 12 September 2024, had obviously not made their way into the community but that was only as a consequence of good police work.
You are not entitled to mitigation from any plea of guilty in respect to the matters that went to trial. I accept you pleaded guilty to the crime of trafficking in methyl amphetamine, but this did not avoid the need for a trial and did not shorten to any real degree, the length of the trial that was required.
I take into account that your time in custody is likely to be harshly felt by you because you will have limited access to pain relief medication for your back injury. It is also likely that your access to medical specialists will be limited by your incarceration. That, however, is simply part of the consequence of your choice to traffick in illicit substances. Given your history, you must have appreciated the likely outcome if you were caught.
In my view, the scale and gravity of your criminal conduct and the need for denunciation, and general and specific deterrence, means the only available sentencing option is a significant period of imprisonment.
Michael John Glover, you are convicted of three counts of trafficking in a controlled substance, and one count of dealing in proceeds of crime. I impose a single sentence. You are sentenced to imprisonment for a period of six years. The sentence is backdated to commence on 13 April 2025 to take into account time already served in custody in respect to this matter. I order that you are not eligible for parole until you have served three years and 8 months of that period of imprisonment. I make an order pursuant to s 11 of the Crime (Confiscation of Profits) Act that the amount of $95,250 in cash be forfeited to the State of Tasmania. I am satisfied that that cash amount is tainted property, being the proceeds of crime.