Suspended jail for dope deals to mates
A TEEN who supplied dope to his mates has avoided jail time because of his youth and efforts to deal with his cannabis use.
Jesse Oliver Delaney, 19, pleaded guilty to trafficking a dangerous drug – cannabis between March 8, 2019 and June 5, 2019; two counts of possession of a dangerous drug on June 4 and June 9 last year; and possession of a thing (mobile phone) used in trafficking cannabis. Delaney also pleaded guilty to lesser charges of possession of clip-seal bags suspected of being used in a drug offence; and failing to comply with a police direction to supply his identification details.
He was aged 18 at the time of these offences, Ipswich District Court heard.
Delaney was sentenced in July last year to a good behaviour bond for possession of cannabis.
Crown prosecutor Jason Dudley asked if he should read the agreed facts onto the court record but Judge Dennis Lynch QC said “No, I don’t require it put on the record”.
Mr Dudley did disclose some facts saying “it was low-level” street business that took place over three months with Delaney telling police he used the money for his expenses.
Mr Dudley said the profit was minimal.
“There were only 16 transactions. It was a strong case against him,” Mr Dudley said.
The Crown sought a two-year jail penalty, but with consideration of his youth actual jail time was not required with either immediate parole or a lengthy supervised probation order.
Defence barrister Dominic Nguyen said Delaney was employed and attended the Ted Noffs Foundation for assistance with good prospects of rehabilitation.
He had not committed further offences.
Mr Nguyen said the trafficking offences had been done over a short time and he sought a wholly suspended jail sentence “to reflect his very good prospects of rehabilitation”.
Judge Lynch did not keep Delaney in suspense, saying he would sentence him to a 12 month jail term immediately suspended for two years.
He shed some light on the agreed facts saying Delaney supplied the drug on 16 occasions in low quantities to people who were friends.
“It seems you had a drug habit yourself and using cannabis regularly and supplying cannabis to friends,” Judge Lynch said.
“You admitted profit of $10 to $20 a transaction. There were 16 transactions, the profit margin small.”
He said text messages located by police on his phone was evidence to charge him but Delaney had then “fleshed out detail on that” assisting police.
“I conclude it was relatively low-level trafficking in small quantities and small profit,” Judge Lynch said.
“Never the less it should be regarded as a serious offence.
“Whatever people think about the use of cannabis the experience of the courts is it causes damage to young people with developing minds, or who are subject to mental health issues in that people can suffer adverse consequences as a result of cannabis use.
“And people who engage in the use of that drug for profit can expect to be dealt with seriously.”
He noted that he had since attended drug counselling, not reoffended, had good prospects, and the offences at the lower end of seriousness.
Delaney was sentenced to 12-months jail – immediately suspended for two years. A conviction not recorded against him.