STATE OF TASMANIA v JAKE RILEY SAVAGE 11 SEPTEMBER 2024
COMMENTS ON PASSING SENTENCE PEARCE J
Jake Savage, you plead guilty to conspiracy to commit trafficking in a controlled substance. In 2022 and 2023 you worked with a man named Ifeanyi Ani. During 2022 Mr Ani approached you and offered you a way to make money. At the time you were aged 19. Mr Ani was considerably older. He was Nigerian and on a visa which entitled him to work in Australia. His requests persisted over some months until, in February 2023, you agreed to allow your address to be used for delivery of parcels from overseas. You understood the parcels may contain drugs but you did not know what drugs or in what quantity, and all you knew was that you would receive some payment without knowing how much.
The first such parcel was delivered on 12 February 2023. Unknown to you the parcel had contained 258 grams of methylamphetamine, but had already been intercepted by the authorities in New Zealand. By the time it got to you it contained nothing and you were paid nothing. Mr Ani became aware of this. The next thing you knew about was on 28 August 2023. On that day you collected a parcel from the Cressy Post Office. Again, unknown to you, this parcel had been intercepted by the police. It had arrived from the Philippines and contained about 500 grams of heroin, of very considerable value. This time the police conducted a controlled delivery which led to your arrest. When you were interviewed by the police you made relatively full admissions and co-operated with the police, including with the arrest of Mr Ani. The State accepts that you were not going to be paid very much for your role. You said that you would have been happy to get $1,000. You did not intend to do anything with the parcel except conceal it and hand it over to Mr Ani. You played no further role in the sale or distribution of the drugs.
You are to be sentenced on the basis that you had no real idea of the scale of the enterprise that you found yourself involved in. Your only involvement was with the two parcels which I have referred to. However your intent throughout the period of the conspiracy is also be relevant to the level of your blameworthiness. You were prepared to have involvement with further parcels even though that did not eventuate. There were, in fact, other parcels sent to your address which were intercepted and not delivered.
You are now aged 20. Your parents separated when you were very young. You were brought up by your mother but your relationship became strained, I infer mostly as a result of your behaviour. You then spent time with your father. Both are supportive. You have demonstrated the ability to engage in employment. You have no relevant prior convictions although on 16 January 2024, since this crime, you were sentenced to a short wholly suspended term of imprisonment for evading police in relation to an alcohol related driving offence on 25 June 2023. You were required to submit to supervision and perform community service and your compliance has been good. You are in full time work and are well regarded by your employer. You are in a stable relationship and have assumed responsibility for your partner’s two children. Your plea of guilty is in your favour. You were a young man when the crimes was committed and so the prospect of your rehabilitation assumes greater importance. I sought a report about your suitability for home detention. Although some concerns were expressed about your mental health and a recent history of alcohol and drug abuse, you were assessed as suitable. However, for reasons which are not relevant, you have no suitable premises available. I am not prepared to make an order unless a stable and suitable premises can be assured.
The seriousness of drug trafficking has been stated many times and is well understood. The use of and trade in illicit drugs result in a great deal of harm to individuals and the community and generate much other criminal activity, especially serious crimes of violence and dishonesty. By knowingly agreeing to become involved you acted in a particularly naïve and stupid way. However, compared to many cases of trafficking or conspiring to traffic which come before this court, the level of your criminality is moderately low. Mr Ani received a substantial sentence but he pleaded guilty to other crimes and the level of his criminality was much higher than yours. Given your age, your co-operation with the police, your early plea of guilty and your seemingly good prospects of rehabilitation I would have ordered home detention, but without a suitable home detention premises a term of imprisonment is the only appropriate sentence. However in all the circumstances I will permit you the opportunity to avoid having to serve any part of the sentence by suspending it with conditions that you do not reoffend and that you perform community service and submit to further supervision.
Jake Savage, you are convicted on count 1 on the indictment. Pursuant to the Misuse of Drugs Act, s 36B, I assess the reasonable expense of and attending the analysis and examination of the controlled substance as $788.00 and award that sum against you as part of the costs of the prosecutor. I order that any postal packaging seized by the police is forfeited to the State. You are sentenced to imprisonment for 12 months wholly suspended for 18 months from today on the following conditions:
- You are not to commit another offence punishable by imprisonment during that period. If you breach that condition you will be required to serve the term unless that is unjust.
- During the 18 month period of the order, commencing today, you will subject to the supervision of a probation officer. The conditions referred to in s 24(5B) and (5C) of the Sentencing Act will apply to this condition and will be set out in the order you will be given. These include that you must report to a probation officer at the office of Community Corrections in Launceston within three clear working days, you must submit to supervision and comply with the directions given by your probation officer, you must not leave Tasmania without permission and you must notify of any change of employment or address.
- In addition to the core conditions, the order will also include the following special conditions that you must, during the operational period of the order:
- submit to the supervision of a Community Corrections officer as required by that officer;
- perform 100 hours of community service;
- attend educational and other programs, undergo assessment and treatment for alcohol or drug dependency, submit to testing for alcohol or drug use and submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer; and
- attend and complete the EQUIPS addition program if directed by a probation officer.