STATE OF TASMANIA v BAILEY SHANE OLLIE RICHARDSON 24 APRIL 2026
COMMENTS ON PASSING SENTENCE ESTCOURT J
The defendant, Bailey Shane Ollie Richardson, now aged 23 years old has pleaded guilty to one count of trafficking in MDMA, with a potential value of $87,600 on one day, 29 June 2023.
On that day, police officers searched the defendant and his backpack. Inside the defendant’s backpack, officers found, amongst other things, a zip lock bag containing a crystal rock substance, $6,593.30 in cash in various denominations, and a set of digital scales.
The quantity of crystal rock substance was sent for testing and was found to contain 55.9 grams of MDMA. This quantity had a potential street value of $11,200, if sold by the gram, or more if sold in smaller quantities.
Search warrants were then executed at addresses that the defendant was known to live and at and to keep property.
At one of those addresses police located two further quantities of crystal rock.
The two further quantities were subsequently tested by Forensic Science Service Tasmania. The first quantity contained 215 grams of MDMA and had a potential value of $43,000, if sold by the gram. The second quantity contained 223 grams of MDMA, with a potential street value of $44,600 if sold by the gram. Both quantities could have been sold for more, if they were sold in quantities smaller than one gram.
Police subsequently accessed and analysed the defendant’s phone. On that phone were various conversation between the defendant and other individuals, where the defendant was seen to be selling illicit substances, including MDMA. The earliest of these conversations was dated 16 April 2023 and were with some seven individuals.
Consistent with his plea of guilty, the State asserts that the defendant possessed all the MDMA found with the intention of selling it.
The defendant has some prior convictions for offences that are of a similar nature. Most are recent sentences which pre-date this offending in 2023, or happened at a similar time. They are three convictions for possessing a controlled drug, and a conviction for using a controlled drug.
I have had the benefit of a pre-sentence report prepared by Community Corrections in which the author notes
- In relation to his mental health history, Mr Richardson advised he has previously been diagnosed with ADHD, Oppositional Defiant Disorder (ODD), and tics. He reported he was medicated for ADHD during childhood; however, he discontinued this due to a perceived exacerbation of his ODD symptoms. Mr Richardson indicated he is interested in re-engaging with pharmacological treatment for his ADHD to assist with focus, noting his ODD symptoms have become more manageable with age. With regard to his ADHD, Mr Richardson described difficulties with organisation and sustaining interests, noting his hobbies and activities tend to change frequently.
- Mr Richardson reported a history of substance use beginning at age 18, initially with cannabis on an irregular basis, which became more frequent around age 19. During this period, he also engaged in significant MDMA use between the ages of 18 and 21. In addition, he used clonazepam for a period of approximately six months and methamphetamine for approximately one year, commencing around the ages of 19 to 20. He reported that his methamphetamine use was limited to smoking. He identified social influences as a contributing factor to his substance use and described this period as involving poor decision-making.
- During this time, Mr Richardson experienced associated impacts including sleep disruption and heart palpitations. His substance use was not disclosed to family members at the time; however, upon becoming aware, his family expressed concerns and were supportive of him ceasing substance use. Following his arrest, Mr Richardson ceased illicit substance use and remained abstinent for over 6 months. He subsequently commenced medicinal cannabis approximately three years ago, which he uses on an as-needed basis to manage symptoms. He indicated this has assisted in maintaining abstinence from other substances.
- Mr Richardson reportedly completed approximately 30 counselling sessions through The Hive Counselling’s Gottawanna Program over a two-year period, concluding last year. He has also reported having participated in supervised urine drug screening for court purposes and workplace testing, all of which have returned negative results.
I am informed by Community Corrections that since the offending, the defendant has made significant lifestyle changes, including disengaging from pro-criminal associates, participating in drug counselling, gaining employment, and ceasing illicit substance use. He is now prescribed medication and described a shift in mindset, with an increased focus on personal responsibility, stability, and future-oriented thinking. He is supported by a pro-social peer group and remains motivated to continue making positive changes.
Thos matters, coupled the fact that the defendant is currently employed full-time as a factory labourer in a foundry, a position he has held for approximately one year and in which he is performing consistently well, causes me to take a sentencing course that leans toward the rehabilitation of a young offender whilst still acknowledging the need for the general deterrence of the serious crime of drug trafficking, of which I must say, is a moderate example.
The defendant is convicted of the crime of trafficking and is sentenced to 18 months imprisonment which sentence I wholly suspend on condition that he commit no offence punishable by imprisonment for a period of two years.
In addition, I make a Community Correction Order with an operational period of 18 months with the condition that during that period the defendant complete 175 hours of community service.
I grant the State’s application pursuant to s 38 of the Misuse of Drugs Act 2001 and order that the following items be forfeited to the State of Tasmania.
- On Property Seizure Record 222251:
- Item 1: glass ‘ice’ pipe
- Scales in black/orange case.
- Property Seizure Record unnumbered but dated 29 June 2023:
- Item 6: “Brisfit” black and orange digital scales.
- Item 7: glass smoking device
The State also make application pursuant to s 36B(2) of the Misuse of Drugs Act for an order that the defendant pay the cost of analysis of the drugs in the sum of $837.00. I make that order.