Subjective matters
12 A report by psychologist Anna Robilliard dated 20 March 2009 and various character references were tendered on the applicant's behalf. The applicant's mother gave evidence and confirmed, in so far as she could, the history given to Ms Robilliard by the applicant. The sentencing judge also had the benefit of a pre-sentence report prepared by the Probation and Parole Officer at the Grafton District Court, Ms Mary Deen dated 30 January 2009.
13 The applicant and his sister grew up in the country as part of a large extended family. He was over-active and had trouble at school in accepting directions. In 1997 at the age of 12 years he was diagnosed as suffering from Attention Deficit Hyperactivity Disorder (ADHD).
14 The applicant was placed on medication for about six months but had not maintained it because with it "he didn't feel normal." He reported that the medication heightened his mood more than calmed him. For four months he was in a special program for children suffering that condition.
15 The applicant started smoking cannabis at 14 and by 16 was smoking daily.
16 As he grew older the applicant could "not fit in" and finished school in Year 10, aged 16. He had no further treatment for his condition. His family decided to send him to Queensland to work, partly because they thought that instead of medication he needed to use his hands and keep active. His best friend was to join him but he committed suicide. The applicant was devastated by this, which, in his mother's opinion changed the applicant's life path.
17 After the death of his friend, the applicant lived a comparatively isolated existence at home with his parents until he was 21 when he left home. He worked as a scaffolder in Kingscliff where he remained for about two years. While there he started using alcohol and then ecstasy and cocaine. In early 2008 the long term relationship he had had with a young woman broke up. The relationship started when he was 14 and when she left him he felt devastated. In response to this his ecstasy and cocaine use increased substantially to the point where he had developed a cocaine addiction. His drug use cost him his job and he returned to live with his parents about five months before his arrest for the present matters. By that time he was drug dependent and remained so until he was arrested.
18 The applicant's mother spoke of his remorse and his realisation of what he had done and his plans upon release. She noted that he had much support in the community. This was confirmed by references which indicated that the applicant had helped organise youth activities in the local area and was well respected.
19 The sentencing judge was told that the applicant did not apply to undertake any drug and alcohol education courses in custody because he always anticipated being moved, but proposed to enquire about such courses after being sentenced. He acknowledged that he still had cravings for cocaine but said that he would do "whatever it takes" to deal with his addiction.
20 The applicant told Ms Robilliard that he committed the offences after becoming involved in a subculture where ecstasy and cocaine were part of the lifestyle. He was extended credit to purchase drugs but when his debt became large he came under pressure from his supplier. He said he committed the offences to clear his debt and avoid injury. Ms Robilliard thought his primary motivation was to ameliorate the debt but secondary motivations were to avoid retribution and preserve his ongoing supply of drugs.
21 The applicant said that since being arrested he had seen that he was just "a runner with a drug habit." He said that when released, he did not expect to have any problem staying away from the drug scene. He said he would now prefer to "sit back and get a job."
22 Ms Robilliard said the applicant's presentation was consistent with the residual features associated with childhood ADHD. She said people with a history of ADHD are typically drawn to stimulating activities (Ms Robilliard notes that the applicant broke his arm twice riding motorbikes). They are also drawn to stimulant drugs as they paradoxically experience calmness and relaxation they do not experience naturally. She noted the well-researched relationship between ADHD and substance abuse as well as criminal offending.
23 Ms Robilliard said that the applicant had shown signs of maturing when he moved to Kingscliff but despite stopping smoking cannabis and having full time employment, he found himself attracted to a group through their stimulus seeking activities. She said the applicant's manner and appearance would have made him an ideal candidate for a group whose activities were also focused on stimulant drugs. She thought it probable that his social contacts deliberately facilitated his access to drugs so that they could later use his indebtedness as a means to persuade him to engage in criminal behaviour.
24 Ms Robilliard's testing led her to conclude that the applicant had some insight into the seriousness of his drug use and there are some promising signs for rehabilitation.
25 Ms Robilliard assessed the applicant as being in the moderate to high risk of reoffending and recommended that he be placed in programs that deal with these issues, including facility run substance abuse programs and ongoing post release community and Probation and Parole Service support.
26 In her presentence report Ms Deen noted the applicant's increasing drug use. She further noted that he had become involved in the offence as a means to maintain his own supply, repay his significant drug debt and benefit financially. She said that the applicant needed to address issues of drug rehabilitation, vocational counselling and anger management.
27 The applicant had a criminal record for minor offences, one of which concerned the possession of a prohibited drug for which he was fined. His record is not otherwise of significance in the sentencing exercise.
28 The applicant advances three grounds of appeal: