STATE OF TASMANIA v BRENDAN JONES 23 JUNE 2020
COMMENTS ON PASSING SENTENCE BRETT J
Mr Jones, you have pleaded guilty to the following crimes: one count of trafficking in cannabis, and one count of aggravated burglary, and one associated count of stealing. You have also pleaded guilty to an associated summary offence of motor vehicle stealing.
The trafficking was committed between 1 June and 9 September 2013. During that period, you conducted a continuous business in the sale of cannabis in conjunction with your father. Your father’s role was to supply you with the cannabis. You sold the drug to a group of regular customers, for their own consumption. The prosecution case is that you were selling hundreds of dollars of cannabis each week. You even continued the business when you were detained at Ashley. The methodology was not sophisticated and most transactions were arranged by telephone, without any real attempt at subterfuge. The trafficking came to an end when police executed a search warrant at your home. You were found in possession of 74 g of cannabis. You were 18 years of age at the time that you committed this crime.
You committed the aggravated burglary and stealing on 23 January 2019, while on bail in respect of the trafficking charge. You committed the crime in company with another male. You and he broke into the complainant’s residence, during daylight hours. Fortunately, the complainant was not home and the property was unoccupied when you did this. You stole a significant amount of personal property with an aggregate approximate value of $63,511. You also stole her motor vehicle. Only property to the value of $200, as well, I understand, as the motor vehicle, has been recovered. You were 24 years of age when you committed these crimes.
You have a lengthy criminal record. You commenced offending when you were 13 years of age and it appears that you have continued to offend on a regular basis ever since. Your criminal history relates to a wide variety of offences, including a number of prior offences of dishonesty. Interestingly, despite the extremely poor example and influence of your father, demonstrated by the trafficking charge, he provided you with the cannabis in respect of that charge and thereby facilitated your commission of that crime, you do not have prior or subsequent convictions relating to drugs. However, your counsel informs me that you have had a longstanding problem with methylamphetamine, and it was the financial demands of sustaining that habit that provided the motivation for the burglary. I am also told that you are the father of three children. You have separated from their mother but have entered into a new relationship with a woman who is encouraging you to distance yourself from criminal activity and criminally oriented associates. You have been pursuing education while in prison and you are intending to enter residential rehabilitation upon your release. In short, it is put to me that you are committed to reform.
All of the offending is serious. While I accept that the drug trafficking was not particularly sophisticated, you did conduct a continuous and profitable business. The aggravated burglary and stealing was inexcusable. You broke into someone’s home despite being on bail, and stole a very significant quantity of personal property. The burglary of residential premises, apart from the obvious aspect of the dishonesty, also has the capacity to instil fear and concern about security in law abiding citizens. Very little of the property has been recovered.
There is no doubt that the sentencing consideration of general deterrence is important in respect of both sets of criminal activity. However, there are some specific matters that need to be taken into account. There is the question of parity with the sentence imposed on your co-offender in respect of the aggravated burglary and stealing. Your co-offender was sentenced by another judge to 10 months’ imprisonment with the last five months suspended. He was a similar age and also had a lengthy criminal history. I need also to bear in mind totality and you must also be given appropriate credit for your pleas of guilty. Finally, you have now been in custody for a period which is not attributable to any other sentence, which has been agreed at 236 days.
The sentence I impose will involve cumulative terms of imprisonment, with some suspended. The point of suspension is to acknowledge your pleas of guilty, other mitigating factors, and to encourage and support your rehabilitation. Because of the length of the terms, there will not be provision for parole. However, I will make the suspended imprisonment conditional upon ongoing supervision.
The orders I make are as follows:
1 You are convicted of the crimes and the offence to which you have pleaded guilty.
2 For the crime of trafficking in a controlled substance, you are sentenced to 9 months’ imprisonment, which will be backdated to 31 October 2019. The last 5 months of the sentence are suspended for a period of 18 months on the following conditions:
(a) That you are not to commit another offence punishable by imprisonment during that period.
(b) That you will be subject to the supervision of a probation officer. You must comply with this condition for a period of 12 months. That period will commence from when you lawfully cease to be imprisoned under any sentence. The court notes that the conditions referred to in s 24(5B) of the Sentencing Act apply to this condition. These include that you must report to a probation officer within 3 clear days of the day that you lawfully cease to be imprisoned under the sentence. In addition to the core conditions the order shall also include the following special conditions:
(i) you must, during the operational period of the order, attend educational and other programs as directed by the Court or a probation officer;
(ii) you must, during the operational period of the order, submit to the supervision of a probation officer as required by the probation officer;
(iii) you must, during the operational period of the order, undergo assessment and treatment for drug dependency as directed by a probation officer;
(iv) you must, during the operational period of the order, submit to testing for drug use as directed by a probation officer;
(v) you must, during the operational period of the order, submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer;
3 You are not eligible for parole in respect of the operative sentence.
4 I make the forfeiture orders sought by the prosecution.
5 For the crimes of aggravated burglary and stealing and the offence of motor vehicle stealing, you are sentenced to a global term of 10 months’ imprisonment, which will be served cumulatively upon the sentence imposed for the crime of trafficking. The last 5 months of the sentence are suspended for a period of 18 months on the same conditions as those imposed in respect of that crime. You are not eligible for parole in respect of the operative sentence.
6 I make the following compensation orders in respect of those crimes:
(a) An order in favour of Veneta Lai Fun Lum in the sum of $19,212.
(b) An order in favour of RACT Insurance in the sum of $44,099.
7 For the purposes of s 92A(3) of the Sentencing Act, I specify that:
(a) the total term of imprisonment which you are liable to serve in respect of the operative periods of the above sentences is nine months commencing on 31 October 2019
(b) You are not eligible for parole in respect of any of that period.