STATE OF TASMANIA v RYLEY PAUL LEHMAN 4 MAY 2022
COMMENTS ON PASSING SENTENCE JAGO J
Ryley Lehman you have pleaded guilty to one count of trafficking in a controlled substance contrary to s 12(1) of the Misuse of Drugs Act. Additionally you have entered pleas of guilty to a number of summary matters on complaint 52976/20. They are selling a controlled drug namely MDMA, using a controlled drug namely methamphetamine, using a controlled plant namely cannabis, possessing a thing used for the administration of a controlled drug namely ice pipes and using a controlled drug namely MDMA. I will deal with the summary matters pursuant to s 385A of the Criminal Code.
The trafficking charge relates to a two month period between 14 May and 14 July 2020. Between those dates you operated a drug trafficking business in which you sold the illegal drugs, methamphetamine and cannabis, to a number of consumers. In addition to the actual sales you transacted, you also offered for sale drugs to consumers. It is impossible for the prosecution to particularise precisely the quantity of drugs involved or the profit made by you from the trafficking but it is asserted that during the relevant period you sold drugs on an almost daily basis and were responsible for actual drug sales of at least $20,000.00 in value.
On 14 July 2020 police executed a search warrant at your residence. You were living there with your then partner Kayla Hunter and your children. During the search a mobile phone belonging to you was located and accessed. It disclosed a number of electronic communications relating to the sale of drugs. Additionally, several glass ice pipes, a quantity of unused snap lock bags and $250 cash were located. The glass ice pipes are the subject matter of the possessing a thing used for the administration of a controlled drug charge. You were subsequently interviewed. You made a number of admissions to police. You told police you were using cannabis on a daily basis and that your most recent use had been earlier the same day. That admission forms the basis of the using a controlled plant charge. You also told police you were using methamphetamine whenever it was available and estimated your use to be every couple of days. You told police you last used methamphetamine two to three days prior. That use forms the basis of the using a controlled drug charge. You told police you had been selling both cannabis and methamphetamine. You said you had been selling the substances for a period of “a couple of months”. You said you used the snap lock bags to package the methylamphetamine and cannabis. You agreed that you had sold approximately 32 deals of cannabis over an 8 week period. You estimated the amount of methamphetamine you had sold to be approximately double that of your cannabis sales. You told police that you had purchased methamphetamine every couple of days, with the amount varying depending on what you could afford. You also told police you had purchased a gram of MDMA and had sold a “couple of points” to a friend. That is the subject matter of the selling of a controlled drug charge. You admitted to police you had used MDMA a couple of days previously and that admission is the subject of the second charge of using a controlled drug. I take into account the admissions you made to police and the fact they formed the basis to prosecute a number of the charges to which you have pleaded guilty.
An interrogation of your mobile phone revealed that in the period of the indictment you had arranged drug sales with 31 different purchasers, sometimes involving multiple sales to a single consumer. There were also messages to a further 19 potential customers in which you offered drugs for sale. The messages also disclosed that you were using other people to sell drugs on your behalf and to source further clients. Examination of your bank account disclosed deposits from a number of the persons to whom you had sold drugs. The amounts of the deposits were consistent with the price you admitted you had sold the methamphetamine for. Examination of your bank account also revealed you had obtained a personal loan in February 2020 in the amount of $7,000.00 and that you had received a payment from TasPlan, being an early release of superannuation, in the amount of $10,000.00 in around April 2020. You told police that you had expended these funds on buying drugs and once that money had gone you had resorted to selling drugs primarily in order to fund your own drug addiction.
The evidence satisfies me that you were operating a moderate commercial enterprise involving the sale of drugs on a frequent and continuous basis during the period stated in the indictment. You were it seems selling small individual quantities to end users. There is no suggestion you were operating at any higher level in the trafficking hierarchy. I accept that your illegal dealings in drugs was not purely a profit exercise but was also directed at funding your addiction to, and heavy use of, both methamphetamine and cannabis.
You are now 26 years of age. You have relevant prior convictions. Your first conviction for drug offending occurred in March 2017 when you were convicted of possessing cannabis. In November 2017 you were convicted of three counts of selling a controlled plant or its products, one count of selling a controlled drug, using a controlled plant, using a controlled drug and possessing a thing used for the administration of a controlled drug.
In September 2018 you were convicted of possessing and using a controlled plant and failing to state the source of your supply. In August 2020, after your arrest for these matters, you were charged with selling cannabis. You have subsequently pleaded guilty to those charges and are awaiting sentence for that matter in the Burnie Magistrates Court later this month. That of course is not a prior conviction for sentencing purposes and you are not to be re-punished for your record of prior convictions. But what is obvious is that the offending for which I am sentencing you was not an isolated incident. You have now been involved in the illegal distribution of drugs on several occasions. Personal deterrence then plays an important role in the sentencing exercise.
I am told you were raised in a supportive family and completed high school. You have gone on to hold various positions of employment, predominately in the retail sector or in labouring positions. More recently you have obtained work at Ron Gee Enterprises as a fibre-glasser. You are subject to a 6 month probation period with that employment. To date you have successfully completed approximately 4 months of that probation period and I am told you are doing well. You began using cannabis from the age of 15. By the age of 18 you were using methamphetamine, and sadly, as is so often the case with offenders who come before this Court, you soon developed an addiction to both substances. I am told that in late 2018/early 2019 you realised the adverse effects your drug use was having on your life and committed to ceasing your use. You enrolled in a detoxification program and up until mid-2020 were largely successful in abstaining from drug use. Apparently your partner Ms Hunter, who had also suffered from drug addiction, joined you in this period of abstinence and together you enjoyed a period of stability. In the lead up to these offences, however, you and Ms Hunter made the very foolish decision to reward your abstinence by using prohibited substances on what was meant to be a single occasion. It transpired that you were unable to limit your use to a single occasion, rather your use quickly escalated and you returned to addiction.
You used all of your savings on your drug addiction. You also accessed some of your superannuation under the guise of COVID-19 hardship. Once you had exhausted those funds you commenced selling drugs as outlined, predominately with the intention of being able to fund your own addiction. I acknowledge that Ms Hunter played a role in the trafficking business and encouraged you to be involved. But you made the choice to sell the drugs you did. Your spiral back into addiction saw your youngest child removed from your care and made subject to a care and protection order. You have recently made arrangements to engage with Child Safety Services in an endeavour to return to having a role in your child’s life.
Since being detected and charged, you have made a number of efforts to turn your life around. You have obtained the employment with Ron Gee Enterprises to which I have referred. You have attended at YFCC Counselling and you are participating in ongoing drug counselling. I am told you have now not used methamphetamine for a period of approximately 6 months. You have also greatly reduced your cannabis use and are continuing to work on ceasing your use of that drug altogether. You have commenced a new relationship. I am told your new partner is supportive of you and encouraging you to continue with your rehabilitative endeavours. I accept that you have made a number of positive changes since the commission of these crimes and your efforts are an important factor to take into account in the sentencing process. They must be balanced however against the fact that these crimes are serious. Your conduct involves the dissemination of drugs into the community and in that regard you are responsible for spreading harm. That includes not only the harm associated with the drug use itself but also the associated criminal activity that frequently results from drug use when those who are addicted to drugs engage in criminal activity. It follows that a sentence which places significant weight on general deterrence and denunciation is required. The evil of drug trafficking has been stated often by various judges of this Court. It should be well understood that those who engage in the activity of trafficking illegal drugs should expect harsh punishment. I had you assessed as to your suitability for a home detention order. I have regard to the contents of that report generally. The report confirms that you have made considerable efforts in terms of addressing your drug addiction and have insight into the negative effect drugs have had upon your life. It also suggests that you are genuine in your aspirations to improve your lifestyle and general circumstances. Whilst all of that is of course admirable it must be remembered that you have previously been able to sustain quite lengthy periods of abstinence, before returning to drug use and criminal behaviour. Your difficulties with drugs over the years has been such that you will need to remain ever vigilant in your commitment to your rehabilitation if it is to be successful long-term.
I take into account your pleas of guilty and your co-operation with police. They entitle you to some reduction in your sentence. You are not considered suitable for home detention because of your current accommodation. I think then the only viable sentencing option is a period of imprisonment. Such is necessary to punish your behaviour and send a very clear message to you and others that drug trafficking, at any level, is to be condemned. Because however of your recently obtained employment and the steps you have taken towards rehabilitation I am satisfied it is not necessary to immediately activate that period of imprisonment. I intend to impose a period of suspended imprisonment and order that you perform community service. I will also make a community corrections order to provide you with ongoing assistance.
I make the following orders:
- You are convicted of all crimes and offences to which you have pleaded guilty.
- In respect to count 7 on complaint 52976/20 (possessing a thing used for the administration of a controlled drug) there is no further order.
- On all other matters there will be one sentence.
- You are sentenced to twelve months’ imprisonment. The entire sentence is suspended for a period of two years on the following conditions:
- You are not to commit another offence punishable by imprisonment during that period.
- You must satisfactorily perform and complete 90 hours of community service during that two year period.
- I make a community correction order to operate for a period of two years with all of the core conditions and a special condition that you complete those 90 hours as directed by your probation officer or community corrections supervisor.
- Additionally I make a supervision order to operate for a period of twelve months. It too will contain all of the core conditions and a special condition that you must attend, participate in and complete the EQUIPS addiction program if directed to do so by a probation officer.
- I direct that you report to Community Corrections, Reece House Burnie before 5pm Thursday, 5 May 2022.
- I make an order pursuant to s 11 of the Crime Confiscation of Profits Act 1993 that the $250 seized by police on 14 July 2020 be forfeited to the State as tainted property.
- I make an order that the items referred to in paragraph 14 of the Crown Statement of Facts and listed on property seizure record 201903 be forfeited to the State of Tasmania.
- I make an order that the accused pay the cost of analysis of the items seized on 14 July 2020 in the sum of $537.00.