STATE OF TASMANIA v LOGAN JOHN LOVELL 22 MARCH 2024
COMMENTS ON PASSING SENTENCE PORTER AJ
Logan Lovell, the defendant, pleaded guilty in the Magistrates Court to one count of dealing with proceeds of crime and appears in this Court for sentence. I am now also dealing with his pleas of guilty to summary offences of selling a controlled drug and possessing a controlled drug; cocaine in each instance. The facts are as follows. On 5 August 2023, the defendant was driving on Macquarie Street, Hobart when his car was stopped and searched by police officers. The search revealed six small snap-lock bags, each containing 1 gram of cocaine. A later search at the defendant’s home revealed 2.2 grams of cocaine, along with a set of scales and $5,750 in cash. His mobile phone records revealed the sale of drugs to two people. When interviewed, the defendant admitted that the cocaine scales and cash belonged to him. He said he had been selling cocaine since about January 2021, that he ordinarily sold a bag of 1 gram for $350, using SnapChat as the contact medium. He sold within a group of about two to six people. He admitted that the cash was from the sale of the drug. He said he initially started selling because of mental health issues and because he was not able to work, although he had continued selling when he had gone back to work. The period of selling is alleged to have been between 20 September 2021 and 5 August 2023. I note that the defendant only appeared twice to the complaint. He pleaded guilty on the second occasion, at which time he was committed to this Court.
The defendant is now effectively 29 years old. He has no relevant prior convictions and no convictions for any offending of any note. He is a single man but is in what was described as a “complicated” relationship with a woman who has a child from a previous relationship. He left school after Grade 10 and went into the automotive industry. He has had employment as a trade assistant and car detailer with a bodyworks business. He is presently employed in an associated business as a sandblaster. I have a reference from his employer, Mr Jackman, who says he has known the defendant on a personal and professional level for close to 10 years. He describes him as a “wonderful employee” and fully supports him as an employee of the business in the sense that he will always make a position available for the defendant in his organisation. Mr Jackman regards the present offending as completely out of character. Although he describes the defendant as despondent and anxious about the Court proceedings, Mr Jackman says that rather than feeling sorry for himself, the defendant has increased his hours at work and is planning for his future. I was told that the defendant did, in fact, have poor mental health which led to his use and subsequent sales of the drug. It was confirmed that he sold small quantities over a period of time to a small group of known users. I was told that he is contrite and remorseful, something which I am prepared to accept as evidenced by his very early plea of guilty and Mr Jackman’s reference. He is also to be given some credit for his co-operation with police.
Under the Crimes (Confiscation of Profits) Act 1993, the concept of dealing with proceeds of crime includes receiving and possessing such proceeds. For the offence of selling to be made out under the Misuse of Drugs Act 2001, there must be an exchange of a controlled drug for something of value; in this case it is cash. Accordingly, the receipt of money which makes out the element of selling, also constitutes dealing with the proceeds; the acts are the same. That needs to be borne in mind in fixing the appropriate sentence for the defendant’s conduct. It also follows in my view that although dealing with the proceeds by receiving and possessing is an indictable offence, it is the selling of cocaine giving rise to those proceeds which should, perhaps, attract closer attention. Any commercial activities relating to controlled substances and drugs needs to be condemned and discouraged. Cocaine is a drug that causes personal harm and disruption to the community. Despite the fact that small quantities and a small number of purchasers were involved, the conduct continued over a period of about 22 months. The sum of $5,750 represents 16 grams of the drug at the price charged. I have no information as to whether the $5,750 is the total amount generated for the relevant period, although I would think it unlikely. That said, I accept that selling is charged as a summary offence and that is characterised as a minor offence under the relevant Act.
The defendant has been assessed as suitable for community service. The probation officer has also recommended a 12 month period of supervision, with case management to focus on referral to a drug rehabilitation service and to a psychologist for assistance in managing depression and anxiety. Ordinarily, I might take the view that a short term of imprisonment is warranted, although suspension of the whole would be appropriate. However, in the particular circumstances of this case, I think that all relevant sentencing objectives can be achieved by a Community Corrections Order requiring community service and supervision.
Mr Lovell, I have set out the facts, your personal circumstances and what I see to be the relevant considerations. As I have said, commercial activities in these types of drugs has to be condemned and attempts made to discourage other people from like conduct. You are convicted of all matters. I make a Community Corrections Order for 18 months, special conditions of which are as follows:
- You must submit to the supervision of a probation officer as required for a period of 12 months;
- Within the period of the order, you must satisfactorily perform 140 hours of community service;
- You must undergo assessment and treatment for drug dependency as directed; and
- You must submit to psychological or psychiatric assessment, or treatment, as directed.
You will have to report to a probation officer at 75 Liverpool Street, Hobart by 5pm on Tuesday next. I order that the $5,750 seized be forfeited to the State of Tasmania.