STATE OF TASMANIA v JACOB ERIC LONERGAN 6 DECEMBER 2021
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant Jacob Eric Lonergan, now aged 29 has pleaded guilty to a first indictment, No 385 of 2020 charging one count of receiving stolen property. I have also agreed to deal with a number of associated summary matters pursuant to s 385A of the Criminal Code. They relate to complaint 30965/2020 and I have accept pleas of guilty through counsel in respect to charges 2, 3, 4, 5, 6 and 7 on that complaint. I have also agree to deal similarly with an application in relation to complaint 31502/2021 which relates to the balance of the matters relating to a second indictment, charging one single count, that of dealing with property suspected of being proceeds of crime contrary to s 65B of the Crime (Confiscation of Profits) Act No 284 of 2021.
The defendant was 27 at the time of this offending, and was living in Ravenswood.
On 6 November 2019 at around 9:00am, police attended an address in Mayfield, the address of the defendant’s father, Paul Lonergan.
Police searched the residential part of the shed and located a stolen 12 gauge Alder shotgun, underneath the bed in the main bedroom with twenty 12 gauge cartridges and one .22 calibre bullet. The firearm was stolen between 20 and 22 February 2019 from an address in Norwood.
In the workshop part of the shed, police opened a locked cupboard and found the following items of property:
- A bag containing radio detection equipment, valued at $6000, a black Sabre case containing breathing apparatus, valued at $10,000 and a Sidchrome brand tool box containing a 12 inch shifter, all of which was confirmed stolen from Tas Gas Networks in March 2019.
- A black bag containing 12 laptop computers. A Lenovo brand lap top computer amongst these was subsequently identified as stolen from Radar Primary School in Invermay in September 2018.
- A Ruger firearm bolt with serial number 35612 scribed into it, stolen during a home burglary reported to police in May 2019.
- A black gel blaster which looked like a real Glock firearm 100 rounds of .22 Winchester Magnum ammunition.
Also on the property was a twenty foot shipping container which was leased in the defendant’s name. Police opened this, locating in excess of 600 individual items of property.
At the rear of the container was a Santa Cruz dual suspension mountain bike, valued at $16,000 which was stolen from a garage in Newstead in July 2019.
In rear of the yard was a white truck with an enclosed cargo area. Police opened the doors and located a yellow plate compactor valued at $1,800 which had a Tamar Hire sticker and was engraved “Tamar Hire”. This was stolen from Tamar Hire in September 2019. Also found in the truck was a red and white Polyvac floor sander valued at $1,200 owned by Choices Flooring that had been stolen in September 2019 from the East Launceston Primary School.
Behind the shed, police located a red Ferris ride-on lawn mower valued at $6,000, a Stihl brand grass trimmer, large tool box and a single axle trailer with ramps valued at $2,000, which police confirmed to be stolen from the Joseph Chromy vineyard in Relbia in July 2019.
In a safe found under a bed in one of the bedrooms was assorted items of jewellery including watches, a gem, earrings, a brooch, two gold chains and a silver cross. A number of assorted keys including car keys were recovered.
Also found under the bed was a black briefcase containing some further pieces of jewellery including a silver chain, a charm and earrings.
Police seized all property believed to be stolen. Following further investigations, police have managed to identify owners for much of the property.
Within the property seized, police located a lever action firearm part, serial number 257941 which had been stolen in 2014.
It was estimated that property is worth in excess of approximately $60,000.
In relation to the second indictment, between 25 and 27 March 2021 both the accused and Fiona Jane Hodgetts stayed at an Air BnB in South Launceston, booked in the name of Georgia Rossiter. The owner of the property provided police with CCTV footage from the address during those dates.
The footage captures a Holden Captiva motor vehicle and a Volkswagen Golf coming and going during that three-day period variously driven by the accused and Ms Hodgetts. On the evening of 30 March 2021 police executed a search warrant at an address in West Launceston. This address was another Air BnB and was also booked in the name of Georgia Rossiter. As police arrived the defendant got out of the Holden which was parked in the driveway and Ms Hodgetts was nearby walking down the driveway. The Volkswagen was also parked in the driveway.
When the Holden was searched a small set of scales was found in the driver’s side footwell and a bum bag was found in the centre console which contained seven snap lock bags containing an approximate total of 2.54 grams of methamphetamine, $2,980 cash held together with a rubber band and $120 in loose notes.
During a search of the Volkswagen police located three bags containing a total of 202.9 grams of cannabis under the driver’s seat. Footage from the address in South Launceston shows the accused wearing a bum bag on a number of occasions. During the search at West Launceston, Ms Hodgetts produced 3 dexamphetamine tablets and a black sports bag on the master bedroom floor contained 100 dexamphetamine tablets. On the afternoon of 31 March 2021 the accused participated in a video-recorded interview during the course of which he exercised his right to remain silent.
The State asserts that the $3,100 is the proceeds of crime, namely trafficking in controlled substances and makes an application pursuant to s 11(1A) of the Crime (Confiscation of Profits) Act and that is for the forfeiture of that sum. I make that order.
The defendant has numerous prior convictions for offences of dishonesty including for unlawful possession and has been sentenced to imprisonment in respect of some of those offences.
It is submitted that there is a nexus between the offending and the defendant’s illicit substance use, and that he has a demonstrable history of illicit substance use.
It is submitted as to Indictment 385/2020 that the items were items that the defendant had been collecting for some time. He would purchase them cheap, with funds he made from working, with the intention of swapping items for drugs. He was aware that the manner in which these items came to him were causes of concern, and in circumstances which made it apparent they were stolen.
Due to his illicit substance use he took advantage of the items being cheap and proceeded to buy them. Also would purchase tools which he used for his work, to further his employment skills.
As to Indictment 284/2021, the relevant offending occurred following the defendant’s release from custody in December 2020 without any money or employment. He recommenced illicit substance use, and was selling to fund his own habit.
It is submitted on his behalf that the amount of cash was not large and it was to pay his own debt to his supplier so that he was not benefiting from the selling of the drugs other than to pay for his own addiction.
The defendant commenced using cannabis when he was aged 12. Older people would sell to him and his friends at the skate park. This was also used alongside alcohol at that young age.
He quickly became addicted to both cannabis and alcohol, he would regularly skip school to use to use those substances.
He accepts that he has an addictive personality, and that he is an alcoholic. He had not consumed alcohol for over six years, until he was last released from custody, when he relapsed into alcohol use as a result of him attempting to avoid methamphetamine.
He commenced methamphetamine use in 2015/2016, and used the drug every day for a number of years – spending $600.00 to $1,000.00 per day.
This affected his employment and his relationship, and led him to start offending to pay for his use. He ceased use whilst in custody in 2020, however, as noted already he quickly relapsed upon his release.
The $3,100.00, he was found with would only cover his drug usage for four to five days.
The defendant education is very limited. He was suspended from school a number of times, prior to him ultimately being expelled from Queechy High School whilst in year seven. He commenced working with his father when he was 12 years of age, who he is a painter by trade.
The defendant completed his apprenticeship as a painter, and worked consistently for a number of years, sub-contracting from his father, uncle and cousin, all of whom are painters. He built up savings, however all of them have been lost to methamphetamine use.
The defendant has two children aged 14 and 12. The eldest is not his biological child, however, he has been in her life since she was 6 months old, and has always been the father figure in her life.
He is no longer with the mother of his children, but tries hard to have as much contact with them as possible. Time in custody was difficult for him as he could not see them.
The defendant wants to cease his illicit substance use, but acknowledges that he needs further assistance to do so. In those circumstances I ordered that the defendant be assessed for suitability as to a Drug Treatment Order.
The assessment report informs me that he is eligible and suitable for sentencing to a Drug Treatment Order at this time.
In all of the circumstances the defendant is convicted of each of the charges to which he has pleaded guilty and I impose a single sentence of 2 years imprisonment by way of the custodial part of the sentence.
The total custodial period is thus 24 months but the defendant will not be required to serve any part of that sentence unless he is ordered to do so by a court as a result of not complying with the treatment and supervision part of the Drug Treatment Order I now impose. The Drug Treatment Order will contain all of the usual core and program conditions contained in ss 27G and H of the Sentencing Act, the core conditions of the Drug Treatment Order are as follows:.
- You must not in Tasmania or elsewhere commit an imprisonable offence
- You must attend court as directed by a court.
- You must report to a court diversion officer at Community Corrections in Cameron Street, Launceston by 2pm, 8 December 2021.
- You must undergo such treatment for your illicit drug use program as is specified by a court from time to time.
- You must report to and accept visits from your case manager and court diversion officer.
- You must unless there is special circumstances, give your case manager and court diversion officer at least two clear working days notice before any change of address.
- You must not leave Tasmania, except with the permission granted either generally or in a particular case or the court.
- You must comply with all of the lawful directions of a court.
- You must comply with all the reasonable directions of your case manager and court diversion officer.
Concerning the core conditions and the program conditions of this order, the following programs conditions are added to the order:
- You must not use or associate with anyone determined by CMD to be a inappropriate contact and/or who uses any mind altering substances, synthetic substances or any unidentified substances and to submit to testing as directed by CMD.
- You must reside at [address] or any other address approved by CMD. You must not be absent from those premises between the hours of 10pm and 6am and you are to present to an officer between those times when required to do so, unless you have pre-approval from your court diversion officer.
- You must be contactable by phone, 24 hours per day and inform CMD immediately of any change in telephone number.
- You must obey all of the directions from your court diversion officer or any other case officer, this includes case management appointments, counselling, medical appointments or assessments, urinalysis and any other appointment or assessment as required.
- You are not to use any prescription medication without approval from a general practitioner or court diversion officer, and only to take prescribed medication in accordance with directions.
- You must comply with the direction of your general practitioner or other mental health practitioner in relation to the management of your mental health including taking prescribed medications as directed.
- You must notify CMD of any prescribed medication as soon as possible.
- You must reframe from the consumption of alcohol and submit to breath analysis as requested by CMD or Tasmania Police.
- You must appear in the Launceston Magistrates Court on [date].