STATE OF TASMANIA v DAVID RONALD SMITH 30 MAY 2019
COMMENTS ON PASSING SENTENCE PORTER AJ
The defendant, Mr Smith, has pleaded guilty to trafficking in a controlled substance – namely cannabis – between 20 November 2015 and 20 November 2018. I am also dealing with his pleas of guilty to summary charges of possessing a thing used for the administration of a controlled drug, using a controlled plant, and possessing a controlled plant. The charges arose out of a search of the defendant’s Devonport home on 21 November 2018. During the search, eight separate quantities of cannabis were found, seven of those quantities were in snap lock bags. The weight ranged between 1.7 grams and 9 grams, the total being 39.9 grams. A smoking device and other drug-related paraphernalia were found. When looking at the defendant’s mobile phone, police saw text messages consistent with the sale of cannabis. The defendant admitted at the time, under caution, that he had been involved in selling cannabis. When interviewed he made full admissions. He said he measured cannabis into 1.2 to 1.3 gram deal bags by sight, packaged the cannabis for sale in zip lock bags, and sold the bags for $25. He said that maybe once a fortnight he would sell a lot of 7 grams of cannabis for $75, that was the largest amount he sold. He said some days he did not sell any cannabis; but other days he would sell between three and four $25 deals. He bought in lots of 7 grams, kept some for himself and then packaged the rest into the $25 deals. Significantly he told police that he was solely reliant on the pension and for the last three years had been selling cannabis to cover the cost of buying it. He said he was not seeking to make a profit.
The defendant is 52 years old, and has no recorded history of offending. He lives on his own but has an adult son to whom he is close and who is supportive of him. The defendant was diagnosed as having dyslexia at an early age and struggled at school. He later returned to adult education to compensate for that. He has had employment from his late teens, mostly in security work. He went to the Northern Territory in 1999 where he worked in that industry until 2005, at which time he suffered a serious injury to his low back at work. After major surgery he wanted to return to work but his job was no longer available to him. In 2010 he received a not insignificant amount of money in compensation. The money was used for further major surgery and for medication and living expenses. That further surgery consisted firstly of a gastric band procedure to achieve weight loss, and then back surgery involved fitting a titanium cage or mesh arrangement in his back. Notwithstanding this device, he continued to suffer chronic pain. He started using cannabis for pain relief. Letters from his GP show that the defendant was prescribed pain killers but seems to have found cannabis gave him greater relief, although he was warned against its use. In 2017 he had exhausted his cash reserves and went on a pension. He found that he could not afford the cannabis and so, after selling personal items, started to sell cannabis in order to fund his use. I am told that at no stage he made any real profit. The basic equation was that he would buy 7 grams every three to four days, use half and sell half. On the basis of one sale per day over the whole period, his counsel, without dissent, estimated the gross amount of sales over the three year period was between $20,500 and $27,300. I take into account the early plea of guilty and the co-operation with police. I note the defendant also suffers from some mental health issues, and is on an anti-depressant. He is motivated not to re-offend but has some fears about his ability to cope without cannabis use. His GP is now aware of the present situation and no doubt will monitor things.
Mr Smith, Parliament has made cannabis a controlled substance. That is because, as experience has shown, it has harmful consequences. Medicinal cannabis, available under a strict regime, is different in nature. People who are involved in commercial dealing, to any real extent, in controlled substances can generally expect imprisonment. You are entitled to credit for your plea of guilty and co-operation, and your lack of recorded offending history counts in your favour. Imprisonment is appropriate to mark the seriousness of your conduct, but I will suspend the execution of the whole of it. That will operate as a deterrent and I will provide you with some support in overcoming your dependence. You are convicted of all matters and sentenced to six months’ imprisonment the execution of which is wholly suspended on condition that you commit no offence punishable by imprisonment for a period of 18 months. I make a Community Corrections orders for 18 months, a special condition of which is that you be under the supervision of a probation officer during that time. You will have to report to a probation officer at 57-59 Oldaker Street, Devonport by 5pm on 31 May 2019, that is tomorrow afternoon. I order the forfeiture of items 1, 6, 7, 8, 9, 12 and 13 on Property Seizure Record 184428, along with the sum of $20 seized by police on 21 November 2018.