Matters of Interest

Illicit Drugs

The Hon. D.G.E. HOOD (15:29): I rise to update the chamber on a matter I have been following for some time with respect to sentences handed down by our judicial system with respect to drugs—illicit drugs, in particular, obviously. In South Australia in 2013, there were 36 people convicted of trafficking commercial quantities of drugs. I want to be absolutely clear about this: I am not talking about personal use quantities, I am not even talking about commercial quantities, I am talking about large commercial quantities, which are very substantial amounts. The statistics show that over a five-year period convictions for drug trafficking have more than doubled from 14 to 36.

Just to be clear: trafficking in a commercial quantity of a controlled drug carries a maximum penalty of a $500,000 fine or life imprisonment or both, so very substantial penalties. A large commercial quantity in South Australia is deemed to be two kilograms of pure cannabis plant material, oil or resin, 750 grams of pure cocaine, heroin, MDMA or amphetamines or over 100 cannabis plants. So, these are very substantial amounts. We are not talking at the lower end of the scale; these are right at the top end of the scale.

However, despite the serious offences of the 36 people convicted of trafficking commercial quantities of drugs, only 17 were imprisoned at all and the highest fine handed out—remember, the maximum was $500,000—was $450. It is absolutely unbelievable. It is less than many speeding fines. Indeed, under half of those people found guilty of trafficking a large commercial quantity of a controlled drug served any gaol time at all.

More recently, the ABS recorded crime offenders report, produced by the Office of Crime Statistics and Research (OCSAR), stated that illicit drug offences in South Australia have increased by nearly 6 per cent (5.9 per cent) in the period 2013-14; that means about 850 more offenders than in previous years. Adding to these figures, SAPOL, in its annual report, found that the illicit drug problem is only proliferating as illicit drug offences increased by 9 per cent, an increase of more than 1,400 offences in 2013-14.

The 2013-14 OCSAR report states that the most common offence for all finalised defendants in South Australia was illicit drug offences, representing 33 per cent of the total number of finalised cases. These figures clearly highlight the epidemic we are currently facing with illicit drugs and the burden it is placing on our judicial system, our police and the entire criminal justice system. What is more, illicit drug offences recorded the greatest proportion of adjudicated defendants found guilty, with 98.9 per cent found guilty. On the face of it, this may seem like a favourable statistic, however, it is noteworthy that the sentences of custody in the community and fully suspended sentences were the highest amongst those proven guilty of illicit drug offences.

Illicit drug offences recorded a higher proportion of fully suspended sentences than any other offence category. Conducting a basic search of court sentencing records comes back with many examples of drug traffickers being let off the hook. In the past month alone (these are recent stats), in fact in the same week, three drug trafficking offenders were given suspended sentences—these are trafficking, sir. In one case in the District Court, two men were found in possession of 164 ecstasy and MDMA tablets and a sum of money acquired through drug dealing. This was not an isolated offence, as the men actually admitted to having previously engaged in trafficking ecstasy; they were repeat offenders. Despite this and the very large quantity of drugs involved, each was given a suspended sentence.

Only a few days later, the court heard another case concerning a defendant who was in possession of a considerable amount of drugs, including, but not only, 232 ecstasy tablets. The judge described the quantity of drugs in the defendant's possession as 'a significant amount' and expressed concern that drugs are 'causing an increased harm in our community', however, the defendant was also given a suspended sentence. So, we need to ask ourselves: are terms of community service and suspended sentences enough to deter those at risk in our community from trafficking in illicit substances? Clearly, the answer is no.

These surprising statistics and cases certainly suggest that we are not doing enough to stop the drug scourge through prevention, rehabilitation and appropriate criminal sanctions. Our legal approach to drug crime has failed to communicate the message that we do not tolerate drugs in this society. What deterrents we currently have make little difference. The deterrents are big, the sentences are low. The pull to lifestyle is much greater than the threat of very limited legal retribution that is applied. These are serious offences. The conviction rate is trending upwards and the penalties for conviction clearly are not working as a deterrent because the penalties handed down fall significantly short of the seriousness of the crime.

I urge the government to properly address the issue of drug sentencing. Being fined $450 for trafficking a large commercial quantity of controlled drugs is simply unacceptable, and we do not even bother to appeal in many cases.