SA courts suspending jail terms for ecstasy dealers as community grapples with Stereosonic death of Stefan Woodward
ECSTASY pushers caught selling hundreds of potentially lethal pills for as little as $11.50 each are walking from court with suspended sentences despite the maximum 10-year penalty. Is Australia’s ice epidemic partly to blame?
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ECSTASY pushers caught selling hundreds of potentially lethal pills for as little as $11.50 each are walking from court with suspended sentences despite the maximum 10-year penalty.
In the past month, 10 people have gone before the District Court for trafficking in commercial quantities of MDMA, both in pill and powder form.
Just three of those dealers were jailed — the others, including a man caught selling off his 536-pill stockpile on three separate occasions, were released on good behaviour bonds.
In contrast, five of the eight people convicted last month of ice trafficking were jailed for between two and four years each.
The sentencings, and the death of Stefan Woodward at Stereosonic, have prompted calls for ecstasy to receive the same focus, funding and harsh penalties as the ice epidemic.
Family First MLC Robert Brokenshire said suspended sentences were no deterrent to MDMA traffickers and called for mandatory minimum jail terms.
“Ice creates addicts but ecstasy tablets are like Russian roulette — a toxic mixture you’re throwing down your gullet that could be instantly lethal,” he said.
“It’s all very well to spend millions combating the ice epidemic but ecstasy is just as much a problem because there’s no deterrence for those who make their living from it.”
However, Attorney-General John Rau said there was “no reason” to believe existing legislation was inadequate or ineffective.
MORE: How Australia’s ice epidemic is tearing the country apart
“Penalties in and of themselves are not the complete story about deterrents — in particular, the risk of detection is very important,” he said.
“Members of the public dobbing in drug dealers will have a much more direct and significant impact than changing the maximum penalty on the statute books.”
Mr Woodward, 19, died at the Royal Adelaide Hospital on Saturday after consuming pills, believed to be ecstasy, at Bonython Park.
His grieving mother has called for more event support staff to be trained in first aid while Independent Senator Nick Xenophon has called for a coronial inquest.
In November, 10 people were sentenced by the District Court for trafficking in a commercial quantity of MDMA or its equivalent, TFMPP, and penalties varied widely.
Kayla Anne Clancy, 20, was ordered to serve her minimum 10-month term for selling 64 ecstasy tablets in the beer garden of Checkmates Restaurant on Pirie St in the city.
Judge Simon Stretton found there was no good reason to suspend her sentence despite her history of homelessness and post-traumatic stress.
Felix Louis Weber, 26, avoided immediate imprisonment after being caught selling ecstasy tablets out of his backpack for $11.50 each.
Judge Joanne Tracey said Weber could “properly be characterised as a street-dealer” but opted to suspend his term.
She did so on the basis of his above-average intelligence, insight into his offending, skills as a robotics engineer and goal of becoming an artist.
Todd Hayden Bergman was jailed for selling 366 tablets worth $11,000 while Caine Adrian Kaiser and Maxwell William Stapleton-Westcott received bonds for their offending.
Yesterday, Mr Brokenshire said the government and the courts were “long overdue” on making a concerted effort against ecstasy trafficking.
“There’s a lot of inconsistency in sentencing and, quite frankly, that inconsistency fails to send a message to drug traffickers that their actions will not be tolerated,” he said.
State Opposition Deputy Leader Vickie Chapman said attention had shifted away from ecstasy because it was “fashionable” for governments to be tough on ice.
“It’s an attention-deficit thing — they are focused on ice as if nothing else can kill you,” she said.
“I don’t doubt the importance of dealing with ice but pills are still deadly.”
Social researcher Mark McCrindle said political and judicial leaders “in a state of flux” as they tried to determine the best way to address the drug problem.
“If the last few months have shown us anything, it’s that so-called party drugs are no less dangerous than ice,” he said.
“Whether it’s an addiction that kills, whether it’s one pill that kills, you still end up with death and we are going to see the public demand action.”
Police Commissioner Grant Stevens told ABC 891 on Tuesday that the sentencing of all offences is looked at.
“I think the sentencing regimen that’s in place is more than appropriate and each individual circumstance must be considered,” he said.
“(But) it would suggest some of those appear to have warranted a more serious penalty.”