STATE OF TASMANIA v JOSHUA JAMES JACKSON 3 JUNE 2025
COMMENTS ON PASSING SENTENCE BRETT J
Mr Jackson, you have pleaded guilty to one count of trafficking in cannabis and one count of cultivating cannabis for sale. You have also pleaded guilty to the associated summary offences of possession of cannabis and selling cannabis to another person.
The two indictable crimes are connected in that you were growing cannabis at your house for the purpose of selling it. The trafficking charge is based on your possession of a trafficable quantity of cannabis, in particular 7.06 kg of cannabis product. The product included 4.21 kg of cannabis bud, which is estimated to have a street value of between $23,200 and $52,968, depending on the manner in which it is sold. Although the police located and downloaded the contents of your phone, and found relevant messages on it, I have not been provided with any significant information concerning the extent of the actual trafficking activity.
The cultivation charge relates to 97 cannabis plants located at your property. The plants were being cultivated within a relatively sophisticated growing system and you were growing plants at each stage of the growth cycle, thereby enabling you to complete four growth cycles throughout a 12 month period. I infer that this was to ensure a constant supply of cannabis for your trafficking business. It is estimated that the plants had the potential to yield cannabis bud with a street value of between $46,875 and $105,000.
Taken together, I would describe the operation as modest but capable of being sustained on a commercial basis over the long term. The commercial nature of the cultivation and trafficking activity is confirmed by your financial investment. The growing system is estimated to have a value in excess of $10,000.
You are 37 years of age. You live in the house with your wife and four-year-old child. Your child has been diagnosed with certain conditions that require ongoing management and your counsel asserts that you are critical to the provision of this management. I am told that you became involved with illicit drugs in 2018 when you were injured in the course of your employment as a forklift driver. The injury continues to cause pain and other symptoms. Initially you turned to illicit drugs, at the time methylamphetamine, to provide relief from the symptoms. You subsequently substituted cannabis for methylamphetamine, presumably to reduce your reliance on that drug. The large-scale growth of cannabis and its sale grew out of your own use of it for this purpose. Notwithstanding this history, although you have a number of prior convictions for offending which includes driving offences, assaults and offences of dishonesty, this is the first time you will be convicted of drug offences.
By way of mitigation, it is claimed on your behalf that you co-operated fully with the police investigation and indicated a plea of guilty at an early time. I think that you should receive credit for the utilitarian benefit of the early plea. Given the complexity of these prosecutions, the avoidance of a trial for charges of this nature results in real benefit to the administration of justice.
Notwithstanding your lack of prior convictions for drug matters, having regard to the extent of the trafficking and cultivation activity, I would have imposed a modest sentence of imprisonment without suspending any of it. However, in view of your expressed wish to give up drugs and move away from drug-related activity, I am satisfied that it is appropriate to make a drug treatment order.
Accordingly, I intend to make a drug treatment order. I am satisfied of the following matters:
- that you have a demonstrable history of illicit drug use, and that that drug use has contributed to the commission of the crimes for which you are being sentenced
- that were it not for making a drug treatment order, I would have sentenced you to a term of imprisonment and would not have suspended the sentence either in whole or in part
- that there are no proceedings pending against you in any court for sexual offences or offences involving the infliction of actual bodily harm
- that it is appropriate in all circumstances to make the order and the facilities likely to be used for the treatment and supervision part of the order are reasonably accessible to you
- that there are sufficient staff and resources available to comply with the requirements of section 27B (3) (ba) of the Sentencing Act
- that you will consent to the making of the order in writing.
You are sentenced to a drug treatment order. The custodial part of the order will be a term of imprisonment of 12 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:
- you must not, in Tasmania or elsewhere, commit another imprisonable offence.
- you must attend the Magistrates Court of Tasmania at Launceston at 2:15pm on 8 July 2025, and thereafter that court or the Supreme Court of Tasmania as and when directed.
- you must report to a court diversion officer at Community Corrections at Launceston within two clear working days of the making of this order.
- you must undergo such treatment of your illicit drug use problem as is specified in this order or from time to time specified by the court.
- you must report to, and accept visits from, your case manager or court diversion officer.
- you must, unless there are special circumstances, give your case manager at least two clear working days’ notice before any change of address.
- you must not leave Tasmania except with the permission, granted either generally or in a particular case, of the court.
- you must comply with all lawful directions of the court.
- 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:
- you must submit to drug testing as directed by your case manager or court diversion officers.
- you must submit to detoxification or other treatment, whether or not residential in nature, as directed by your case manager or court diversion officers.
- you must attend vocational, educational, employment, rehabilitation or other programs or as directed by your case manager or court diversion officers.
- you must submit to medical, psychiatric or psychological treatment as directed by your case manager or court diversion officers
- you must attend counselling as directed by your case manager
- you must be contactable by telephone at all times and inform your case manager of any change of telephone number
- you must not associate with anyone who uses illicit drugs, synthetic substances, unidentified drugs that alter mood or perception without the permission of your court diversion officer
- you must reside at ** address** and not change that address without the prior approval of a court, and be at that address between the hours of 9 pm and 6 am daily, and present yourself there to a police officer if directed to do so.
- you must not use any illicit drug
- you must not use any non-prescribed drug except in accordance with the direction of your general practitioner, treating medical specialist or case manager
- unless permitted by the court, your court diversion officer or case manager you must not consume alcohol or any other intoxicating substance.
- you must submit to testing for the presence of alcohol in your body as directed by your court diversion officer or case manager
- you must attend for assessment and if deemed suitable participate in and complete the EQUIPS Addiction Program.
I make order in the terms referred to paragraph 22 of the Crown papers, a forfeiture order under s 38 of the Misuse of Drugs Act.