M B

STATE OF TASMANIA v M B                           22 NOVEMBER 2019

COMMENTS ON PASSING SENTENCE                           PEARCE J

M B pleads guilty to supplying a controlled drug to a child. I also agreed to deal with her plea of guilty to the related summary offences of selling a controlled drug, using a controlled drug and driving with a controlled drug present in her oral fluid. During the mid-afternoon of 28 March 2019 the police found Ms B driving in Devonport. Analysis of oral fluid taken from her on that day disclosed the presence of methylamphetamine and amphetamine. She was interviewed by the police and made admissions which form the basis of the other charges. She told the police that since January 2019 she had been selling between two and four points of crystalline methylamphetamine to friends each week, from which she received about $200. She used the money to buy more drugs. She admitted using Ice herself by injecting it, and had last done so the day before. She also admitted having given two points of Ice to her 17 year old daughter about two months earlier. She said that she knew it was not the right thing to do, but wanted to avoid her daughter going out to buy larger quantities of Ice for herself.

Ms B is now aged 36. She lives in Launceston, she does not hold paid employment and lives from social security benefits. She has no capacity to pay a fine of any substance. Her daughter lives independently. Ms B has a serious and long term problem with abuse of drugs and alcohol which is reflected in her record. In 2009 she was given a suspended three month sentence for trafficking. She has four prior convictions for driving with either drugs in her blood or alcohol in excess of the prescribed level. She has three prior convictions for driving while disqualified. She has prior convictions for using, possessing and selling a controlled drug. She remains a daily user of Ice. But for the charge of supplying Ice to her daughter, all of the charges could have been dealt with by a magistrate. Her decision to give Ice to her daughter, even a small amount on a single occasion, is to be condemned. It is relevant however that she was motivated by a genuine but misguided view that her action would protect her daughter from the risk of buying greater quantities of the drug from street dealers. Her selling was at a low level and to fund her own addiction. The dominant factor in sentencing is the defendant’s dependence and the means available to her to overcome it. She has been assessed as suitable for a drug treatment order. On 6 September 2019 I imposed a bail condition that she not drive and I will take that into account in determining the length of the period of disqualification I now impose.

M B, you are convicted on each count. I impose one sentence. You are disqualified from driving for 15 months from today. Any driver licence that you have is cancelled. I make a drug treatment order pursuant to the Sentencing Act 1997, s 27B. The custodial part of the order will be imprisonment for 10 months. You are not required to serve all or any of the custodial part of the drug treatment order unless it is activated. It may be activated if you fail to comply with the treatment and supervision part of the order which has the following core conditions:

1          you must not, in Tasmania or elsewhere, commit another imprisonable offence;

2          you must attend the Magistrates Court of Tasmania, in Launceston on 19 December 2019 at 2.15pm and thereafter attend the Magistrates Court or this Court as and when directed by the court;

3          you must report to a court diversion officer at Community Corrections at 111-113 Cameron Street, Launceston within two clear working days of the making of this order;

4          you must undergo such treatment of your illicit drug abuse problem as directed by your case manager or court diversion officers;

5          you must report to, and accept visits from, your case manager or court diversion officers;

6          you must, unless there are special circumstances, give your case manager at least two clear working days’ notice before any change of address;

7          you must not leave Tasmania except with the permission, granted either generally or in a particular case, of the Magistrates Court or this Court;

8          you must comply with all lawful directions of the Magistrates Court or this Court;

9          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.

There will be further program conditions of the order that:

  • you must not use any illicit substance;
  • you must submit to random drug testing as required by your case manager or court diversion officers;
  • you must submit for urinalysis as required by your case manager or court diversion officers;
  • you must submit for oral fluid testing as required by your case manager or court diversion officers;
  • you must submit to drug testing as directed by your case manager or court diversion officers;
  • you must attend and submit to medical, psychiatric or psychological treatment 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 as directed by your case manager or court diversion officers;
  • you must participate in and successfully complete the EQUIPS Addiction Program as directed by your case manager or court diversion officers;
  • you must not use any medication unless prescribed to you by a treating medical practitioner or recommended by a pharmacist;
  • you must attend counselling and/or treatment as directed by your case manager or court diversion officers;
  • you must maintain the use of, and remain contactable by, a mobile phone capable of sending and receiving messages about drug testing, case management and/or counselling appointments from your case manager and court diversion officers; and
  • you must remain contactable by your case manager and court diversion officers at all times.