STATE OF TASMANIA v ELLEN LUCIA SMITTI 14 NOVEMBER 2019
COMMENTS ON PASSING SENTENCE PORTER AJ
The defendant, Ms Smitti, has pleaded guilty to an indictment containing one count of trafficking in a controlled substance, namely MDMA, on or about 16 May 2018. I am also dealing with her pleas of guilty to summary charges of possessing a controlled plant, using a controlled plant, possessing a controlled drug, using a controlled drug and possessing a thing used for the administration of a controlled drug. All of these charges flow from the detection by Australia Post personnel of irregularities in the contents of an Express Post package addressed to “E Smith”, at an address in Goodwood. A police examination of the package revealed 3,244 tablets of MDMA, otherwise known as ecstasy. In the following days, police established that a female had gone to the Glenorchy Post Office on three occasions between 11 and 16 May 2018, and enquired about the seized package. Police arranged a controlled delivery of a substitute package, similarly addressed. A police officer went to the Goodwood address. When he advised he had a parcel for delivery in the name of E Smith, the defendant said she was Ellen Smith. She was given the parcel. About half an hour later, officers searched the premises. The substitute package was found in the defendant’s bedroom. During the course of the search, police also found 6.5 grams of cannabis located on a mirror stand in the defendant’s bedroom, 1.5 grams of cannabis in the top of one of the bedside drawers, a sachet containing 0.2 grams of methylamphetamine in a zip lock bag in the defendant’s handbag along with two straws showing traces of methylamphetamine, and three smoking devices. In addition, police located the defendant’s mobile phone and a notebook in which the tracking number of the seized package was written. When first interviewed the defendant admitted using drugs, but when asked whether she knew about the parcel containing the MDMA, she said that she was not expecting any drugs; the only drugs she used were “ice” and cannabis to which she was addicted. When further interviewed about three hours later, the defendant admitted involvement in the parcel. She said that in light of her extenuating circumstances about her living arrangements, she asked a friend – “or a person she thought was a friend” – for help, and an arrangement was made that she would receive money for getting a parcel delivered to her. She said financial stressors caused her to make stupid decisions, including being involved in the importation. She was to be paid $250 for receiving the parcel. She described in some detail the instructions she was given about what she was to do when the parcel arrived. She told police there was a high likelihood that the parcel would contain some form of contraband. It seems that her possession was to be limited in duration. She also made admissions in relation to the summary matters.
The basis of the trafficking charge is being involved in the importation of the controlled substance in the belief that another person intended to sell the substance. The defendant co-operated with police by identifying the person with whom she had arranged the importation. MDMA has a street value of between $30 and $50 a tablet. Quantities of 10 are often sold for the same price per tablet. The tablets therefore had a potential value of between $97,320 and $162,200.
The defendant is now 29 years old. She has no recorded history of offending at all. She has a relatively longstanding problem with substance abuse. She started using cannabis at the age of 16. Polysubstance abuse followed. Her father died when she was 26 years old. In her profound grief, she used illicit substances for comfort, and her use significantly increased. The problem escalated to the use of methylamphetamine. This was facilitated by the persons with whom she was then associating. Throughout most of this she maintained steady employment for quite a while. Having worked for about a year after grade 10, she obtained hospitality qualifications through TAFE and worked in a large hotel for about 14 months, rising to supervisor level. She simply stopped work when her personal circumstances deteriorated and drug use increased. Relatively recently she broke up with her partner because of violence. She had been living with him and his mother, but is now what was described as “more or less homeless”. She wants to move to the north of the State to make a clean start and hopes to be able to take up employment. More significantly perhaps, she has been drug-free for some 18 months; that is, since the time of her arrest. I am told that her financial situation and living arrangements were such that she was quite desperate for money. Found on her phone was a text message to the person named as the principal offender, saying, “If you know of anyone that needs anything done for cash, I’m their girl”. I am also told that she was aware that the parcel would contain a controlled substance, but she was unaware of the type or quantity.
Of course, trafficking in controlled substances is a serious matter, almost inevitably giving rise to imprisonment, although often, in the case of offenders without relevant history, the execution of the term is wholly or partly suspended. General deterrence and denunciation are prominent factors. In this case, I note the mitigating effect of the pleas of guilty. They cannot be said to have been made at an early stage but some credit is to be given in any event. I also take into account that although initially somewhat evasive, frank admissions were made within a relatively short time, and more importantly the defendant co-operated with the police inquiries into the importation. That entitles the defendant to a not insignificant discount.
Ms Smitti, I have set out what I see to be the relevant factors to be considered in your case. You were involved in importing into this State a considerable quantity of MDMA. For a small reward, you took part in the movement of drugs which formed part of a drug selling operation, the full scale of which, however, is a matter of speculation. You did not realise the quantity involved but you were completely reckless as to both the quantity and the type of substance involved. Without people being prepared to assist at relatively low levels in the importation and distribution of drugs, it would be much more difficult for those higher up in the hierarchy to carry on their criminal activities. Along with matters I have mentioned which operate in your favour, I take into account your personal circumstances including the fact that, to your credit, you seem to have rehabilitated yourself from drug abuse. My orders are as follows. You are convicted of all offences and sentenced to 10 months’ imprisonment the execution of the whole of which is suspended on condition you commit no offence punishable by imprisonment for a period of two years. I make a community corrections order for 12 months. Special conditions of the order are that you complete 50 hours of community service within 12 months, that you submit to the supervision of a probation officer as required by that officer, that you attend and complete educational and other programs including the EQUIPS Addiction Program as directed by a probation officer, and submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer. You will have to report to a probation officer at 114 Bathurst Street by 4pm tomorrow, 15 November 2019. I order the forfeiture of items 1, 13 and 14 on Police Property Seizure Record No 110227.