STATE OF TASMANIA v ANDREW CLINT WHILEY 11 SEPTEMBER 2024
COMMENTS ON PASSING SENTENCE JAGO J
Mr Whiley, you have pleaded guilty to a charge of trafficking in a controlled substance, namely methyl amphetamine. The charge relates to a period of just under one month from about 26 August 2021 to about 22 September 2021. During that period, you sold 77 grams of methyl amphetamine to Kelly Rhodes, who was operating an organised business of trafficking in that substance. Mobile phone communications between you and Ms Rhodes revealed that you had sold and supplied her with methyl amphetamine on several occasions during the relevant period.
The first occasion was on 26 August 2021. You sold her 28 grams of methyl amphetamine for $20,000. On 28 August 2021, you met Ms Rhodes in Launceston and again sold her an ounce (28 grams) of methyl amphetamine for $18,000. One week later, you again met with Ms Rhodes in Launceston and sold her 14 grams of methyl amphetamine. On 10 September 2021, you met an associate of Ms Rhodes in Launceston and provided seven grams of methyl amphetamine and received $5,000 by way of payment. On 17 September 2021, you attended at Ms Rhodes’ residence in Hobart and received payment for outstanding monies owed.
In total then, you sold Ms Rhodes 77 grams of methyl amphetamine. Kelly Rhodes then on-sold the methyl amphetamine to her customers, predominately in point deals. The value of the methyl amphetamine you sold to her was approximately $115,000, although it would have been somewhat less if she on-sold it in larger quantities.
You were arrested and participated in an interview with police on 29 June 2023. You admitted making some sales of methyl amphetamine to Ms Rhodes but denied it was to the extent alleged by police. You described yourself as “the middleman”. You said you were well connected to suppliers. I infer this is because you had been involved in the drug culture for most of your adult life. You told police they were not your drugs and therefore the money you received from Ms Rhodes was passed onto the supplier, but that you personally received about $5,000 per ounce that you sold. You said you could not recall specifically the quantity of methyl amphetamine you had sold to Ms Rhodes. Because you profited directly from this trafficking business, the State seeks a pecuniary penalty order. I make that order. I order you pay to the State of Tasmania the sum of $13,750, being proceeds from the trafficking business in which you were engaged.
This trafficking occurred around the same time as you were involved in committing several other crimes. On 8 June 2023, I sentenced you for five counts of assault, offences under the Firearms Act and one count of conspiracy arising from seven discreet episodes of criminal behaviour that occurred throughout September 2021. For those crimes, you were sentenced to a period of imprisonment of six years, commencing 8 February 2022 with an order you be eligible for parole after you had served three years and eight months of that sentence. Then, on 4 October 2023, I sentenced you for further crimes under the Firearms Act. Those crimes occurred on 17 September 2021. For those crimes, you were sentenced to 18 months’ imprisonment. Twelve months of that sentence was ordered to be served concurrently with the sentence imposed on 8 June 2023. The balance six months was to be served cumulatively, with an order that you not be eligible for parole until you had served one-half of the cumulative component of the sentence.
Because the sentence I am about to impose for the trafficking crime will be in addition to those two sentences, the totality principle requires me to take a more lenient course than would otherwise have been appropriate. I will therefore impose a slightly shorter head sentence than I would otherwise have imposed and again make allowance for parole.
In my sentencing comments of 8 June 2023, I set out at length your personal circumstances, background, and antecedents. There is no need to repeat them here. I take all that material into account. I also have reference to the psychological report authored by Dr Georgina O’Donnell, again referred to in my June sentencing comments.
Even with appropriate weight being given to the principle of totality, it remains necessary that the sentence I impose for this crime reflects the fact that you were engaged in a separate act of serious criminal conduct. The harm caused by those who traffic in methyl amphetamine has been stated by courts on many occasions. Methyl amphetamine is an insidious drug. It causes great harm to its users and the broader community. Any commercial dealings in it must be viewed in a very serious light. Because of the destructive nature of methyl amphetamine, condemnation, punishment and attempting to deter others who may be minded to engage in similar conduct are all important sentencing considerations. In this case, it seems your motivation was predominately monetary gain, although I do note and accept that you have struggled with a long-term methyl amphetamine addiction for most of your life. That was how you knew methyl amphetamine suppliers and were able to become involved in this trafficking business.
Your long-term addiction to methyl amphetamine is reflected in your record of prior convictions. You have several prior convictions for possessing and using illicit drugs. Additionally, you have prior convictions under the Road Safety (Alcohol and Drugs) Act for driving a motor vehicle whilst a prescribed illicit drug was present. Generally, you have a very poor criminal history.
I take into account in your favour, your plea of guilty. I also take into account that the time period involved in the trafficking was relatively short, although in that time you passed to Ms Rhodes a not insignificant amount of methyl amphetamine. In all of the circumstances, in my view, the only appropriate sentence is a cumulative sentence of imprisonment. However, for the reasons noted, I intend to impose a lesser sentence than I would otherwise.
Andrew Clint Whiley, you are convicted of the crime of trafficking. I sentence you to imprisonment for a period of 14 months, cumulative to the sentences that you are presently serving. I order that you not be eligible for parole until you have served seven months of that sentence.