STATE OF TASMANIA v ANDREW JOHN SUTCLIFFE BRETT J
COMMENTS ON PASSING SENTENCE 2 APRIL 2026
Mr Sutcliffe, you have pleaded guilty to one count of trafficking in cannabis. You have also pleaded guilty to a number of associated summary offences, in particular possession of cannabis, cannabis seeds and other cannabis products, MDMA and testosterone, two smoking devices, two tasers and three rounds of .22 calibre ammunition. The summary offences also include resisting a police officer and the minor offence of cultivating cannabis.
On 19 May 2025, police raided your home and a shed used by you on another property, both of which are located in Georgetown. They found all of the relevant property during the searches. This includes significant quantities of cannabis, including cannabis bud, which is the usable and saleable part of the plant. In total, across the two properties you were found in possession of 13.29 kilograms of cannabis bud, which has a total estimated street value of $176,742. In addition, there were 15.5 kilos of cannabis leaf, which has little, if any, commercial value. There was equipment in both locations consistent with a relatively sophisticated cultivation operation. The prosecution does not assert other circumstantial evidence of trafficking and has provided no other evidence of the scale of the trafficking. However, it can be inferred from the sophistication of the cultivation equipment and the amount of cannabis found that this was a significant trafficking operation. Your counsel conceded this in the plea in mitigation and, in particular, conceded that you were in the habit of purchasing and selling bulk quantities of cannabis, albeit within a small circle of other users. He also makes the point that there is no evidence of unexplained wealth. Both you and your family use some of the cannabis and its products but it is not suggested that this accounts for a significant portion of what was found by police.
The charge of resisting police arose from your aggressive confrontation of police during the search of your home. Police were required to deploy capsicum spray in order to effect your arrest. The balance of the offences relate to relatively small quantities of other drugs clearly intended for personal use and some associated drug paraphernalia.
You are 42 years of age and single. You are the father of a child and stepchild. Your marriage broke down when your trafficking activity was discovered by police. Significantly, you have limited criminal history. There are no prior convictions for drug related matters and the record is exclusively comprised of offences related to the use of motor vehicles. You entered a very early plea to all of the charges in the Magistrates Court and this provides you with significant mitigation.
However, this is a serious crime. If cannabis was ever regarded as a so-called “soft drug”, that is no longer the case. It is now well-established as being a drug with both addictive and harmful qualities. Further, its use in the community would seem to be prevalent. Those like you who traffic in this drug for commercial gain seek to make profit at the expense of the welfare of others and the community generally. The courts must respond with appropriate punishment as a deterrent, and to denounce such conduct.
There is no doubt in my mind that the appropriate sentence is a term of imprisonment. The only question is whether I should suspend all or part of that sentence. After much consideration, I have decided to impose a wholly suspended sentence. My primary reasons for taking this option are your early plea of guilty and lack of relevant prior convictions. Such a sentence will also provide you with an incentive not to commit further crimes. As your counsel correctly said it is undoubtedly the case that the police will be surveilling you in the future and if you commit a further offence, you will breach the terms of suspension and you will serve the sentence. For that reason, my intention is to make the period of suspension the maximum period that is available under the law.
Accordingly, the orders I make are as follows:
- You are convicted of the crime and the offences to which you have pleaded guilty.
- For the crime of trafficking and all other offences with the exception of counts four and eight on complaint 33895/25 which are not imprisonable offences, you are sentenced to a global term of two years imprisonment, which will be wholly suspended from today for a period of three years on condition that you are not to commit another offence punishable by imprisonment during that period.
- I impose no further punishment for the two remaining offences.
- I make the forfeiture orders sought by the prosecution.