STATE OF TASMANIA v JASON LEIGH GOSCOMBE ESTCOURT J
COMMENTS ON PASSING SENTENCE 27 SEPTEMBER 2019
The defendant has pleaded guilty to one count of unlawful possession of property and to summary charges of possession of prohibited substances on complaint 2823/2018 (charges 1, 2, 3, 5 and 6).
On the morning of Wednesday 21 February 2018 there was a sophisticated burglary at the IGA Store in Brighton. This involved locating in a difficult geographical area and behind a house, the office part at the rear of the building and removing cement bricks, going inside and passing out cigarettes to the value of about $40,000 – $50,000, together with about $12,500 in cash. Later to be transported over a high fence and then into a carpark behind the rear of a post office two doors along from the store.
The arrival of a staff member shortly after 5am led to a Mr Linnell and possibly an accomplice fleeing quickly in a small yellow Suzuki vehicle, dropping some cartons of cigarettes on the way. Police found evidence on site incriminating Mr Linnell and located a quantity of cigarettes in his possession. He is due to face trial in the near future.
Mr Goscombe was linked to the matter in that the yellow vehicle involved was found at his home the next day. He explained how this occurred and I am provided with this information as context only. He said that he met an old mate and was asked if he wanted a couple of cartons of cigarettes. There is CCTV footage from the Brighton Hotel showing him to be present with Mr Linnell later on the day of the burglary and when the police searched his residence, that is the defendant’s residence, they found one carton of cigarettes in the outside pocket of his yellow jacket and another carton inside. One packet had been removed from one carton and partly consumed by him. There were six packets of 30 each in each carton, equaling a value of about $360.
During the search at the defendant’s residence police also located 5 cannabis plants growing in a garden bed next to a shed, two large and three small. Police also located two cannabis stalks in the rear of the yard wrapped in a sheet. A search of the defendant was also conducted and he was found in possession of a snap-lock bag which contained methylamphetamine. The accused told police that the cannabis located was his and that he used it daily. The last time he smoked cannabis was the day prior to the search. He also told them that he had used the methylamphetamine earlier that day.
While the price paid by Mr Goscombe was not known, it is a fact that there is not a huge profit margin for shops on selling cigarettes and people are keen to obtain them cheaply and it is likely when they are offered for sale cheaply, that they are the result of some dishonest activity.
The defendant, aged 34 years, has a prior conviction for aggravated armed robbery which was in 2017 and for which he was sentenced to 12 months’ imprisonment, with part suspended. He was also sentenced in that year, to a suspended sentence of imprisonment for offences of stealing and dishonesty, acquiring a financial advantage. He has served a term of imprisonment this year. Since his release, I am told, that he regards himself as doing very well in addressing his drug use. He is not using methylamphetamine any longer, and he is no longer using cannabis on a regular basis.
There is little that can be said in mitigation of this offence, apart from the fact that the defendant has pleaded guilty. He has prospects of employment in the future and his prospects overall seem good. The defendant is not to be sentenced for his record, but his prior convictions do suggest that this offence of dishonesty was not out of character or an isolated lapse. An old adage has it that if there were no receivers there would be no thieves. This means nothing more than that sophisticated burglaries such as the one in this case would be less attractive to criminals or criminals that committed them if there were less dishonest individuals there to receive the stolen property. Unlawful possession is thus not to be regarded as an insignificant crime.
The defendant is convicted of all charges to which he has pleaded guilty and is sentenced to three months’ imprisonment, which sentence I wholly suspend on condition that he commit no offence punishable by imprisonment for a period of two years from today.