STATE OF TASMANIA v JAYDE SCOTT SMEDLEY 28 SEPTEMBER 2023
COMMENTS ON PASSING SENTENCE JAGO J
Mr Smedley, you have pleaded guilty to one count of being in possession of stolen property, contrary to s 258 of the Criminal Code. You have also pleaded guilty to ten counts of fraud, contrary to s 253A of the Criminal Code. You entered pleas of guilty to all charges when they were before the Magistrates Court. At that point, the Magistrates Court embarked upon a sentencing hearing before there was a realisation that the fraud charges needed to be dealt with in this jurisdiction. There has been some delay in resolving the matter since. I nevertheless proceed on the basis that you entered early pleas of guilty to these charges and the delay seems to have been associated with the confusion as to jurisdiction.
The circumstances pertaining to the crimes were that you came into possession of an ANZ bank card from another. The name on the card must have been obvious and you must have known you were in possession of a stolen item. You proceeded to use the bank card at various retail institutions to obtain a variety of items, including petrol and grocery items. The total value of the fraudulent transactions is $493.86. It is not, therefore, a particularly high amount that is associated with the fraudulent activities. Nevertheless, it would undoubtedly have created an inconvenience for the complainant, and a need for him to rectify the situation with his banking institution.
I note, by way of antecedents, you are now 26 years of age. You have very limited prior convictions in terms of matters of dishonesty. There are some matters in 2018 relevant to injuring property, but no matters that might be categorised as strictly dishonest. You have a number of prior convictions suggestive of a long term difficulty with drug use. You tell me you are currently receiving counselling for that at the Junction in Devonport. There is no reason for me not to accept that. You also tell me that you are now in a relationship and you and your partner are expecting your first child in March of next year. That has caused to reflect on what your priorities ought to be, and you are focusing on continuing to address your drug use so that you can be a proper father for your soon to be born child.
Taking all those matters into account and, in particular, noting the relatively small amount associated with the criminal activity, I am satisfied I can appropriately deal with this matter by the imposition of a fine and that is what I intend to do. You are convicted on all charges to which you pleaded guilty and will be fined the sum of $1,500.00. I also make a compensation order in favour of Derek Rogers in the sum of $493.86.