A Couple of Tasmanian Sentences

[Tom]

If you can find the court pages for your state then it could go a long way to easing the paranoia of being busted, the actual sentences rarely match the law here in Tas. These sentences were copied from the Tas supreme court web page last year.

 

R v ROBERT 18 JUNE 2002

COMMENTS ON PASSING SENTENCE CRAWFORD J

Robert, you pleaded guilty to one count of selling a narcotic substance. I must accept the facts as they have been put before the Court. They are that you were a user and that you obtained for other people on about four occasions a gram of methylamphetamine or speed for them, which you sold to them for $300 on each occasion, that being the amount you paid to obtain it. So there was no profit. Nevertheless, the sale or supply of a prohibited substance, and particular a narcotic substance, is a serious offence and I want there to be no doubt about that. You may well be an addict but that is no excuse for supplying a narcotic substance to others.

You have been before the Courts on three prior occasions in relation to prohibited substances and prohibited plants involving possession, use and growing it. The fines have regularly got bigger but yet you continue to offend and I note that you are still facing charges in the Magistrate's Court.

There is little I can do to stop you offending, it is really in your hands. I do not want to see you lose your employment, I do not want you to descend into full blown addiction, wasting your money on drugs or anything like that, but unless you make serious efforts to get help and stop what you are doing, you will ruin your life, there is no doubt about it.

Selling a narcotic substance, as I said, is a serious offence and in my view the only appropriate punishment is one of imprisonment which should be suspended on this occasion. But if you breach the terms of the suspension, understand that you will serve time in prison.

You are convicted of this offence. The sentence of the Court is one of 3 months' imprisonment. That will be suspended for a period of 2 years 6 months on a condition of good behaviour and in particular a condition that you not commit an offence involving the sale, supply or trafficking in a prohibited plant or substance or narcotic substance. Do you understand? Supplying and selling must stop here, otherwise prison is certain.

The victims of crime compensation levy of $50 is directed to be paid within a month.

 

 

This one is a bit of a laugh:

 

R v Person 26 JUNE 2002

COMMENTS ON PASSING SENTENCE BLOW J

Person, you have pleaded guilty to one count of trafficking in a prohibited substance. On 31 May 2001, you accompanied a friend who was involved in trafficking in cannabis. You went with him to a motel room where a man who, unknown to you, was an undercover police officer, made arrangements for the purchase of a quantity of cannabis. You and your companion then went to the home of a man in Huonville where two pounds of cannabis was purchased for $3,200. You then went back to the undercover police officer with your companion who carried in four pounds of cannabis which was made available to that officer for sale at a price of $10,000. The cash was handed over and you counted it. You were subsequently arrested and charged with trafficking.

I take into account in your favour the fact that you pleaded guilty and also the fact that your involvement in this trafficking was minimal. You are 26 years old and you have significant prior convictions for drug offences. In 1995 you were sentenced to community service orders for selling a prohibited substance, an offence that you had committed when you were 18. You have subsequently been before the courts on drug charges in 1996 and 1999, though they did not involve selling or trafficking.

Trafficking is almost always punished by sentences of imprisonment, although in some cases community service orders are imposed. In some cases, too, the sentences of imprisonment are wholly or partly suspended. In your case, I think it is significant that your involvement in this trafficking was minimal. I am also very conscious of the fact that sending you to prison would interrupt the re-establishment of your career and that you have only just returned to full time work after years of unemployment and under-employment.

For those reasons I think it is appropriate that I not send you to prison. I take into account the fact that the man in Huonville who sold two pounds of cannabis with a view to profit was dealt with by means of a wholly suspended sentence and, because of that, I think it is appropriate that I take a similar course with you. Because you did not stand to make money out of this and he did, though he ended up not getting any, I think it is appropriate that I impose a shorter wholly suspended sentence on your than was imposed on him, but not that much shorter because of your prior convictions for drug matters.

I convict you and sentence you to four months' imprisonment, wholly suspended on condition that for a period of two years you commit no offence against the Poisons Act. I order that you pay a victims of crime compensation levy of $50 within 14 days.

 

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[Ganganaught]

That is right Tom, the actual laws aren't quite as bad as they want people to believe. We can still defend ourselves better than most people would know.

But tell the people there is nothing they can do and they'll believe it, then they convict themselves.

Ganga

[Joe]

I have a mate who did 18 months for selling a pound to a dee. The case before his was someone who sold several, again to some undercover. Better lawyer and I don't know what else, maybe less of an attitude, but their circumstances were basically the same. my mate had no priors, or else they were much less significant than the guy before him.

 

That guy got a 6 month sentance suspended for 2 years.

 

Only difference, a better lawyer and a "better" attitude. Maybe a better suit.

 

My mate did his time in a minimum security prison, and spent his time in the woodwork shop. He learnt to make tables and made 2 amazing kitchen tables, one he kept and one he sold for about 1500 bucks.

 

So I guess it could have been worse.

[Guest Urbanhog]

I knew a guy once here in Brisbane, he got busted with 2 pounds, as he was a well "known troublemaker" to the local police station, and somehow a guy got busted and somehow he was forced to grass on to a dealer for a lesser sentence, and so he grassed on the guy with 2 pounds. He was busted while preparing the weed into small 50's, 1/4oz, etc and he was given bail but as "house arrest conditions" yeah, they do "house arrest conditions" in Queensland, and he was not allowed to go anywhere for 6 months while waiting for the court case, he was just stuck at home 24/7 and the police will just ring anytime of the day to check he's at home even at 3am! and random urine test... then the day come... he was sentenced to 2 years in Prison, got out after 18 months.... this is was for just 2 pounds.... The police confiscated over $70,000 worth of property which invloved 2 cars worth $30,000 each

 

Now the guy is on the dole and broke... buying shitty $25 sticks all the time, and he's one of the most paranoid guys I have known ever since..... havent seen him for nearly 2 years now.

 

oh....By the way he is a dickhead anyway

 

Urbanhog