R v Brown

Facts

3. The package containing the ketamine was sent from the United Kingdom and was addressed to a fictitious person. The ketamine was concealed within toiletries.

4. On analysis, the ketamine was found to have a purity of 53.28%, resulting in a pure weight of 429.3 grams. The weight of the drug is a relevant factor in the sentencing process. The threshold for a marketable quantity of ketamine is three grams. The weight in question therefore sits well within the marketable range. However, where Mr Brown had little control over the weight of the drugs imported, less weight is given to such a factor; it, nonetheless, remains relevant.

5. On 19 March 2024, Mr Brown was arrested as he attempted to collect the package containing the ketamine from a post office in Mascot. He had previously sent an email to the post office, representing himself to be the fictitious person’s grandson. In his attempt to collect the package, he falsely completed and signed an ‘authority to collect’ form. He maintained the ruse with Australia Post employees and confirmed that the package had come from the United Kingdom. In that sense, there was some sophistication and thought to the offending.

6. Mr Brown had been provided with a delivery address by text from another person. It was clear from the text messages on Mr Brown’s phone that he was being directed by others. It is clear from the statement of facts that others were tracking the progress of the package and were aware of the attempted delivery the week before.

7. The facts disclose that the offending for which Mr Brown is to be sentenced forms part of an ongoing criminal enterprise. Mr Brown is to be sentenced on the basis that this is not an aberration.

8. For reasons that I will come to, I am of the view that Mr Brown’s life of deprivation, his mental health issues and his dependence on drugs was such that his moral culpability for the offending is much reduced. It is clear that his path to polysubstance abuse arose from his difficult circumstances and his mental health issues.

Aggravating Feature

9. When the offence was committed by Mr Brown, he was the subject of a Conditional Release Order in respect of the possession of a prohibited drug and a Community Correction Order in respect of receiving stolen property. Mr Brown was also on bail.

Discount

10. Mr Brown pleaded guilty in the Local Court. He has, in my view, facilitated the course of justice, and I have apportioned a 25% discount to his sentence.

Subjective Case

11. Mr Brown is only 21. He was 20 when he offended. He has a number of matters on his record, commencing with his adult record from the age of only 18. Consistent with his stated struggles with drug addiction, he has a number of drug matters on his record. He will not be given the leniency as a first offender.

12. Mr Brown is still very young. In my view, he looks younger than his stated age. His youth is an important consideration on sentence. His rehabilitation also becomes an increasingly important matter. Young people are uniquely placed in two respects:

13. They engage in conduct that, with some maturity, they might not consider; and

14. They are uniquely placed to learn from their mistakes.

15. For reasons that I will come to, in my view, Mr Brown is a very firm example of the latter. This matter has clearly served as a wake-up call, and I regard him to be very much at the crossroads.

16. Mr Brown usually resides with his mother and eight year old brother. He carries a parenting responsibility for a person so young, including by providing emotional, financial and practical support. He has a good relationship with both his parents, his grandmother and his siblings, however, he acknowledges that the family relationships are complex. That is, in my view, an understatement. He was both a witness to and a victim of turbulent periods of mental health instability in the house, drug use and domestic violence; matters I will come to.

17. Mr Brown works casually in warehousing and labouring in the construction industry. His attempts in custody and in the community show that he has a strong work ethic.

18. Mr Brown was initially granted bail in June 2023. His revocation of bail has seen him detained since 19 March 2024, and he has been a remand inmate since that time.

19. In most respects, that time in custody has served as a valuable circuit breaker in Mr Brown’s life, and it is his first time in adult custody. He has continually sought education and employment opportunities. He has been employed by corrective service industries in engineering, showing a strong interest. He wishes to consider further study upon his release. Educational courses completed by Mr Brown in custody have included landscaping, digital literacy, a Certificate II in Hospitality and a Certificate III in Cleaning Operations. Mr Brown has realistic and enthusiastic plans for his ongoing education and employment. That will be a protective factor against further offending.

20. In the lead-up to the offence, Mr Brown owed $7,000 to his drug suppliers. He had continually asked them for more time to pay. He was concerned about the repercussions that might flow from not being able to repay the loan, and that people would come to his mother’s house. Indeed, they had threatened to do so. He thought that this offending would get him out of it, but he was also concentrating on the financial benefits. He was mindful to help his mother financially. It was at a time that he was experiencing chronic negative thoughts, feelings of sadness, low mood and isolation. He was engaging in reckless behaviour and was exhibiting poor decision-making, arising primarily from his drug use. His decision to enter into this crime is but an example. I am of the view that the offending is at least indirectly linked, if not directly linked, to his mental health issues. He understands that he must remove himself from his past associates if he is to remain drug-free and to not reoffend.

21. His addiction had its genesis in childhood deprivation. Both parents were daily methylamphetamine users. His mother had been using heroin whilst she was pregnant with him, and he required methadone treatment as a newborn to deal with opioid withdrawal. In that respect, he has been exposed to illicit drugs his whole life.

22. His childhood was marked by neglect. He suffered feelings of rejection and isolation. His mother’s parenting was variable. He described her as “nice but mean” and either the “happiest or angriest person in the room”. She had struggled with mental health issues, had been hospitalised due to depression, and had been medicated for bipolar disorder. His father was a heavy methylamphetamine and cannabis user, and had been diagnosed with schizophrenia. His father’s paranoia marred his parenting efforts, and he was often bad-tempered. His parents were often embroiled in conflict, and his mother was physically violent towards his father.

23. Unsurprisingly, Mr Brown was disruptive at school. However, his parents refused to consider a diagnosis of attention deficit hyperactivity disorder (“ADHD”). Due to his disruptive behaviour, he found learning almost impossible and would run out of class and hide. Ultimately, the principal allowed him to lie down in her office, so he could recover. He had, understandably, difficult relationships with his teachers and was singled out for discipline due to this disruptive behaviour. He often went to school without food. Education, of course, is a very important part of a young person’s life, and Mr Brown has been let out of this for no reason for which he is to blame. However, he is very young, and that education is still very much open to him should he wish to pursue it.

24. Mr Brown’s parents separated when he was 12 as a result of his mother’s infidelity. She fell pregnant and he has a half-brother as a result.

25. Mr Brown’s struggle with illicit drugs started with cannabis at about the age of 13, until he was about 17 by which time he was a daily user. He made choices in that regard against a background of significant childhood deprivation. He has had issues with polysubstance abuse, describing his use of cannabis, cocaine, ketamine and oxytocin. Mr Brown was also misusing other prescription medication. He was a regular user of Xanax or oxytocin from about the age of 16. He has used LSD, magic mushrooms and DMT. He also occasionally used cocaine and very occasionally used methylamphetamine.

26. He suffered at least one psychotic episode, where he was tasered and taken to Concord Hospital. He remained in the psychiatric ward for three or four days, only to be released shortly thereafter with no long-term treatment plan and no real treatment.

27. That drug use took place in the context of significant family violence at the hands of his mother’s new partner. Mr Brown left home for about four years until his mother’s relationship ended, and he returned. That kind of unstable accommodation also does not set somebody up for life. While she was away, his siblings and his mother were exposed to further extreme violence, causing Mr Brown to regret that he had not stayed to help them.

28. Mr Brown’s father fared better, having moved in with his own parents and ceased all illicit drug use, and he is now compliant with his schizophrenia medication. Mr Brown maintains a positive relationship with his father.

29. Unsurprisingly, Mr Brown’s drug use escalated over time, and he found it increasingly difficult to abstain. The drug use provided a respite from his difficult home life, and he came to rely on drugs. Ironically, such use has further negatively impacted his life, his relationships and his health.

30. Mr Brown has also been a regular user of alcohol, since the age of about 16, often binge-drinking until he was blackout drunk and hospitalised. This has occurred on three occasions. He no longer drinks, having been charged in 2023 as a result of alcohol-induced criminal behaviour.

31. Mr Brown was expelled from school in Year 11. By this time, he was spending the majority of his time out of the house, finding it easier to stay with friends. By the time he left school, he was spending most of his time at his girlfriend’s house. He had obtained work in a number of jobs for a short period of time.

32. Mr Brown has had two intimate relationships, and is currently in a relationship. His partner also suffers from mental health issues. It is, as he describes, “mostly a positive and supportive relationship”.

33. Mr Brown appears to have few friends. He had accrued such friends in the context of criminal conduct and drug use. He has, however, become friendly with an inmate whilst taking a fitness course with him. They had a good rapport and have had discussions about employment opportunities.

34. Despite his positive steps taken in custody, he has not done well recently whilst on remand. He finds his experience of Long Bay Hospital depressing. He has become socially withdrawn and could not keep his routine of training, taking courses and working. In other gaols, he had worked in welding, in sewing upholstery and in ground maintenance.

35. Unfortunately, whilst in custody, Mr Brown obtained and used buprenorphine. That is a drug seemingly easy to obtain whilst in custody and, thankfully, he is now on a formal buprenorphine program, having obtained a referral to the opioid treatment program. Most recently, he has also self-referred for drug treatment and has completed sessions of Narcotics and Alcoholics Anonymous. He has also self-referred to psychologists and Justice Health intervention for substance abuse programs. He is keen to continue counselling and treatment in the community. He also has completed a number of courses designed to lower his risk of re-offending. I regard that as a mature approach that speaks well for his rehabilitation.

36. Mr Brown still suffers from ADHD. He has not, in the past, taken medications prescribed, but rather obtained his own medications which he reported worked with good effect. He needs to understand that he needs to take that medication in the community with the support of a general practitioner.

37. Mr Brown also experiences depression and anxiety, which requires further assessment and, if appropriate, treatment. He had been diagnosed with depression in the past and prescribed an antidepressant. He did not take it. He needs to approach his mental health medication with increased maturity and with the assistance of a general practitioner.

38. Mr Brown has most recently been diagnosed with a multiplicity of drug use disorders and has a provisional diagnosis of major depressive illness. He has ADHD and an anxiety disorder which to date, in my view, has not been properly treated. It is important that he receives high quality, ongoing treatment of the kind that is only available in the community.

39. Mr Brown, in my view, has good insight into his offending. Where he has engaged in heavy drug use, he well understands the damage that such unregulated illegal drugs can not only do to the user, but to their family, to their friends and to the wider community. He is particularly remorseful for the consequences his offending has had on his immediate family. He is committed to doing the right thing and being a good role model for his younger brother.

40. The Sentencing Assessment Report prepared on 23 June 2025 speaks in positive terms about Mr Brown’s commitment to treatment, to counselling, to employment and to abstinence from illegal drugs. He will require close supervision and support on release. He is, in my view, with those supports in place, at a low risk of re-offending.

Retribution, Deterrence and Punishment

39. Importation of illegal drugs into Australia is a serious matter. Illegal drugs destroy the lives of many Australians, and anyone involved is committing a serious crime, no matter how small the person’s involvement, and even where they do no more than collect parcels from post offices. The success of those undertakings relies on people doing this.

40. It is often the case that young, drug-affected and vulnerable people are targeted for that purpose, and general deterrence is an important consideration. The offences are often difficult to detect, and the rewards are sometimes significant. Like-minded people need to understand that such are the potential penalties involved that it simply is not worth the risk, despite the potential rewards.

41. I have no doubt that the sentence I am to impose will act as a specific deterrent to Mr Brown.

Special Circumstances

42. This is the first time Mr Brown has been in an adult prison. I am of the view that the ratio between his full-time imprisonment and his time on a supervised recognizance must take into account his young age and, particularly, his need for treatment and long-term supervision.

43. I propose making a generous finding regarding the ratio in that regard.

Sentence

44. Such is the seriousness of the offending that I am of the view that, having considered all other alternatives, no penalty other than imprisonment is appropriate.

45. Mr Brown is sentenced to a term of imprisonment of 30 months to date from 14 March 2024 and expiring on 13 September 2026.

46. Mr Brown has now served more than 15 months in full-time imprisonment. I direct that he be immediately released from custody on a recognizance upon his providing of a surety in the sum of $100, without security, until 13 September 2026.

47. It will be a supervised Order, and it will have the following conditions:

48. To make contact with Community Corrections at Burwood within seven days to understand his obligations under the Order.

49. To follow all reasonable directions of the Community Corrections officer, to be of good behaviour and to not commit any further offences.

50. Not to enter interstate without the written permission of the Community Corrections officer.

51. Any further offences will result in a breach of the Order, and Mr Brown may be re-sentenced.

52. I order that the drugs be destroyed.

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