STATE OF TASMANIA v RYAN JOHN WILLIAMS 4 NOVEMBER 2022
COMMENTS ON PASSING SENTENCE JAGO J
Mr Williams, you have pleaded guilty to two counts of trafficking across two separate indictments. The first incident of trafficking occurred on 25 September 2018 and involved the drug MDMA. The second count of trafficking occurred on or about 18 May 2020 and involved the drug cannabis. I am also asked to deal with some summary matters pursuant to s 385A of the Criminal Code. They are a charge of breaching bail conditions by not being at your bailed premises overnight on 17 and 18 May 2020 and a charge of disorderly conduct, which occurred in Devonport, also on 18 May 2020 and involved you behaving aggressively and shouting loudly in a public street.
In respect to the first trafficking matter on 25 September 2018 police attended your residence in respect to an unrelated matter. Whilst they were there, they smelt cannabis and saw a small quantity of cannabis in a partially opened drawer. That gave rise to them obtaining a search warrant. They subsequently executed the search warrant at your residence and found you in possession of 26 MDMA tablets, separately bagged in various quantities. The total weight of those tablets was 11.8 grams, with an estimated value of $650.00. The trafficable quantity of MDMA is 10 grams. Police also found other drug related paraphernalia at your residence. You were subsequently arrested and participated in a record of interview. You told police that you lived at the unit most of the time, you had seen the pills which looked like ecstasy previously and that you could not remember whether they were yours as they had been there so long.
You were asked about the manner in which the MDMA tablets were found. You said you were “pretty sure that’s how they came”. You admitted that in the past you had given drugs to friends for free, but could not recall the last occasion on which that had occurred. The State put the trafficking charge on the basis that you possessed the quantity of MDMA with an intent to sell, but there is no evidence that actual sales occurred. Given the quantity involved, this is a trafficking matter that falls towards the lower end of the scale of seriousness.
On 18 May 2020, you were found outside the Devonport Police Station shouting loudly. Members of the public were nearby. When police intervened, you ran across Wenvoe Street. The police followed you and placed you under arrest for disorderly conduct. You were subsequently taken back to the Devonport Police Station and searched. Police found in your backpack, 13 snap lock bags containing cannabis bud inside a Coles bag, 11 snap lock bags containing cannabis inside a McDonalds bag and a set of scales. A total of 24 individual bags containing cannabis were found. The trafficable quantity for cannabis packaged individually, is 20 bags. Each bag of cannabis weighed between 31 and 32 grams, including the bags themselves. The total weight of cannabis you had therefore, was in the vicinity of 720 grams. Again, this is a low level example of trafficking. Subject to the quantities in which the cannabis was sold, it had an estimated total value of $7,200.00. Again, the Prosecution put the trafficking charge on the basis that you possessed greater than the trafficable quantity with intent to sell. There is no evidence you in fact sold cannabis and given what I have been told, it is likely you would have used some for yourself.
You are 25 years of age. You suffer from significant mental health difficulties. You have an established diagnosis of schizophrenia, complicated by poly-substance abuse. You have also been diagnosed with depression, anxiety, Post Traumatic Stress Disorder a gambling disorder and a vomiting condition. I have received and considered a forensic mental health report prepared in respect to an issue that arose as to your fitness to stand trial. Whilst you were deemed fit to stand trial, the report confirms the diagnosis of schizophrenia and notes it is exacerbated by, but certainly not entirely caused by, your drug use. The report notes that you have experienced a considerable number of adverse events in your life, which has resulted in the development of Post Traumatic Stress Disorder.
You have experienced, it seems, many episodes of acute psychosis. Indeed, during the period of time you have been remanded in custody, it is noted that you have continued to suffer from psychosis. It is only recently that your psychosis has begun to be treated with an appropriate medication regime. It seems your mental health conditions and your drug use are inextricably intertwined. The development of your drug use coincided with you first experiencing significant mental health difficulties. Drugs were used by you as a coping mechanism but your use of them has escalated considerably over the years.
You have relevant prior convictions. In 2017 you were convicted of possessing a controlled drug, selling a controlled drug and using and possessing a controlled plant. In 2020 you were convicted of supplying a controlled drug, and using and possessing a controlled plant. You have not previously been to prison. You have spent a considerable period of time remanded in custody in respect to these matters. Much of that time has been spent at the Wilfred Lopes Centre.
Whilst it is not argued that the Verdins principles apply here, there is no doubt your mental health difficulties are generally relevant to sentence. Bearing in mind your personal circumstances and, in particular, your mental health difficulties, you are not, in my view, a good vehicle through which to deter others from engaging in similar conduct. Nevertheless, I must sentence bearing in mind that trafficking is the means by which these drugs are disseminated into the community and their dissemination is a source of harm for the community at large. I note, however, that the quantity of each drug you possessed was only slightly above the respective trafficable quantity and there is no evidence that any actual sales have occurred.
I take into account your pleas of guilty by which you have acknowledged your wrongdoing. Having regard to all of the circumstances, I have determined it is appropriate to take a pragmatic and individualised approach to this sentence. Usually, given the quantity of drugs involved and the absence of actual sales, I would be considering the imposition of a suspended sentence, but I suspect given your mental health difficulties, that may in fact be setting you up to fail. Given you have already spent a considerable period of time remanded in custody, a period far beyond that which your level of your criminality demands by way of sentence, the most sensible approach is a short period of imprisonment.
I make the following orders: you are convicted of all matters to which you have pleaded guilty. In respect to the charges of breach of bail conditions and disorderly conduct, I impose no further order. In respect to the two counts of trafficking, I will impose one sentence. You are sentenced to three months’ imprisonment, backdated to commence on 4 August 2022 to take into account some, but certainly not all, of the period of time that you have been remanded in custody. I note Mr Williams that you have served this sentence of imprisonment. I make the forfeiture orders sought by the State.