THE STATE OF TASMANIA v JOHNNY DAVID JONES ESTCOURT J
COMMENTS ON PASSING SENTENCE 16 OCTOBER 2019
The defendant Johnny David Jones, born on 22 February1990, has pleaded guilty to two counts on indictment, namely trafficking in a controlled substance, and possessing a stolen firearm. He has also pleaded guilty to a number of associated summary offences, namely charges, 1- 8, 11, 12, 14, and 15 to18 on complaint 9637/2018.
At approximately 6:30pm on Tuesday 11 September 2018 members of Tasmania Police searched a property where the defendant had been residing in the garage for about a month. They saw a Gecado brand air rifle sitting on a couch. On searching further police found a number of drug and firearms-related items were located, including scales, snap log bags, tick sheets several shotgun cartridges, a .22 calibre cartridge, 277.3 grams of cannabis, 2.6 grams of cocaine and 12 MDMA tablets. They also found $1150 in cash, a 12 gauge CBC break action single barrel shotgun and plastic Gelike brand gel blaster handgun.
Police enquiries revealed that a shotgun of this type and with this serial number had been reported as stolen from a property at Bridgewater on 4 of February 2018.
The Gelike gel blaster was also examined and was found to closely resemble a Glock handgun in appearance. Under the Firearms Act it is classified as a “firearm”, as it is an imitation firearm other than a toy. It is also classified as a prohibited firearm under the Firearms Act. The Gecado air rifle is also classified as a firearm under the Act.
The defendant’s mobile phone was examined by police and a number of drug-related SMS and Facebook messages were located on it. These messages were photographed by police and are contained within the Crown papers commencing at page 18. The messages indicate that the defendant was selling cannabis and MDMA to a minimum of 15 individual buyers between August and September 2018. The tick sheets seized by police indicate that the defendant was selling drugs “on tick” to at least 27 individual buyers, some of whom owed the defendant up to $1700. The text messages and tick sheets suggest that the defendant sold drugs to a minimum of 42 individual buyers.
The Crown asserts that the defendant operated a drug dealing business selling cannabis and MDMA between on or about 1 July 2018 and 11 September 2018. Therefore, the total potential value of all the drugs located is up to $4,660
The defendant has two drug related offences in 2017, namely a minor offence of possessing a controlled plant or its products, for which a conviction was recorded and a driving conviction for driving with an illicit substance in his body.
The defendant has one brother and one step-brother. His parents separated when he was approximately 4 years of age and he relocated to Queensland to live with his father. He moved back to Tasmania at the age of 12 to live with his mother and her new partner. He witnessed family violence within the home between his mother and her partner but he did not experience any abuse or neglect himself. He is currently single and has three children who he sees regularly.
He currently resides with his mother in a detached caravan. He has lived there for approximately 4 months and he enjoys a supportive relationship with his mother. He has been assisted by his mother in overcoming substance abuse and mental health concerns. He completed Year 10 at Bridgewater High School before going on to obtain various employment licenses; such as a White Card and Forklift License. Mr Jones noted no concerns with his literacy skills. His last employment ceased after a car accident, of which I have been informed occurred in February. Prior to this he was working as a traffic controller for several years.
He started smoking cannabis at approximately the age of 20 and has used that substance “on and off” since that time. He has had extended periods of time where he has used heavier amounts of the substance but advised the officer preparing the home detention assessment report I have received, that he is not currently using cannabis.
He first used methamphetamine after a relationship breakdown approximately 18 months ago. He was using the drug at the time of the current offences. Since that time he has been seeking help through doctors with his mother, and has not used this substance since around January 2019. He is currently prescribed anti-depressants and has been feeling well since commencing these. Alcohol is not and has not been a problematic substance for him.
He suffered a relationship breakdown and he began associating with the “wrong crowd”. He moved out of the friend’s house where he had been staying soon after his offending and sought help for his substance abuse and mental health issues. He asserts that he had the firearm in his possession for kangaroo shooting. He attributes his poor decision making to being under the influence of cannabis and methamphetamine at the time. He states that he now feels “quite gutted”, and that he has “moved on and moved away” by staying with his mother and engaging with relevant supports.
As Brett J noted recently, while MDMA (and I add to a lesser extent, cocaine), do not have a reputation as strongly addictive drugs, (and I add, such as crystal methylamphetamine does), ecstasy tablets are normally sold and circulated for casual use at places where young people gather for entertainment, such as music festivals. Cocaine is similarly used recreationally. As Brett J said, however, the culture of taking drugs by persons who often have little experience in drug taking, and are taking pills, the contents of which are unknown, comes with its obvious risks, and these risks, and sometimes tragic consequences, as has been well documented in the media. That culture must be discouraged and, accordingly, those who profit from it by trafficking in the drug in question must expect punishment. It follows that general deterrence is an important sentencing consideration.
Cannabis is known to be harmful and addictive and people who traffic in it can expect to go to jail. The idea that cannabis is not dangerous to psychological health, particularly in young people is outmoded.
The firearms offences are also serious and a matter of considerable community concern. Found in circumstances of drug trafficking makes them more serious.
This was a relatively sophisticated small to medium sized drug dealing business involving at least one person seeling drugs on the defendant’s behalf. Nonetheless the defendant is still a relatively young man who has never served a sentence of imprisonment.
Pursuant to s 149 of the Firearms Act 1996 the Crown seeks an order that the firearms and ammunition seized by police on 11 September 2018 be forfeited, and I make that order.
Pursuant to s 11(1)(a) of the Crime (Confiscation of Profits) Act 1993 the Crown makes application for an order pursuant to s 16 of that Act that the $1150 seized by police from the defendant be forfeited to the State of Tasmania. I make that order.
Pursuant to s 38 of the Misuse of Drugs Act 2001 the State seeks an order that the following items be forfeited:
- On property seizure record (receipt) 173754: Items 1, 2, 3, 4, 5, 6, 8, 9, 10;
- On property seizure record (receipt) 173755: Items 11, 13, 16, 17;
- On property seizure record (receipt) 173756: Items 19, 19A, 20A, 21A, 22A;
- On property seizure record (receipt) 173757: Items 23A, 24A, 25A, 26A, 27A;
- On property seizure record (receipt) 173758: Items 28A, 29A, 30A, 31A, 32, 33A;
- On property seizure record (receipt) 173759: Items 34A, 35A, 36, 37; and
- On property seizure record (receipt) 173760: Item 42.
I make that order.
The Crown makes application pursuant to s 11(1)(b) of the Crime (Confiscation of Profits) Act 1993 for an order pursuant to s 21 of that Act that the defendant pay a pecuniary penalty of $10,000 to the State of Tasmania. This is on the basis of the defendant’s admissions that he had sold 32 bags of cannabis at $300 per bag, and 10 MDMA tablets for $40 each. There is no reason for me not to make that order and I do so.
Pursuant to s 36B(2) of the Misuse of Drugs Act 2001 the Crown makes application that the defendant pay the costs of analysis of the cannabis seized on 11 September 2018, being $1050. I so order.
The defendant is convicted of each of the offences to which he has pleaded guilty and I impose a single sentence of 18 months’ home detention to commence from midnight on 17 October 2019 and direct that he report to Community Corrections in Hobart for induction into the order no later than midday on 17 October 2019.
The order I make includes all of the core conditions contained in s 42AD(1) of Pt 5A of the Sentencing Act 1997, including s 42AD(1)(g) as to electronic monitoring.
In addition to those core conditions I impose the following conditions to be included in the Order:
- You must, during the operational period of the order, remain at the approved home detention premises of Unit 18 Number 4 Green Point Road at all times unless approved by a community corrections officer;
- You must, no later than midday tomorrow, attend the Community Corrections office at Hobart for induction onto this order, and an explanation as to its full terms;
- You must, during the operational period of the order, maintain in operating condition an active mobile phone service, provide the contact details to Community Corrections and be accessible for contact through this device at all times;
- You must submit to the supervision of a Community Corrections officer as required by that officer;
- You must not take any illicit or prohibited substances. Illicit and prohibited substances include:
- Any controlled drug as defined by the Misuse of Drugs Act 2001; and
- Any medication containing an Opiate, Benzodiazepine, Bupropion, Hydrochloride or Pseudoephedrine, unless you provide written evidence from your medical professional that you have been prescribed the relevant medication;
- You must not, during the operational period of the order, consume alcohol, and you must, if directed to do so by a police officer or community corrections officer, submit to a breath test, urine test, or other test, for the presence of alcohol.
In addition, due to identified substance abuse issues related to the defendant’s offending, I make a community corrections order for an operative period of 18 months with the following special conditions attached in addition to statutory core conditions:
- The defendant is, during the operational period of the order, to submit to the supervision of a community corrections officer as required by the community corrections officer, and is to attend, participate in, and complete the EQUIPS Addiction Program as directed.