Drug dealer Damien Lee Kennedy avoids jail for 44L of 1,4 Butanediol found in suburban unit

A man has been sentenced over a large shipment of a date-rape drug he told a court was actually his neighbour’s.

A drug dealer found with more than 40L of an illicit date rape drug has been spared jail time – because he was sentenced almost seven years after his “opportunistic” crimes.

Three drums filled with 75L of 1,4 Butanediol were signed for by Damien Lee Kennedy, 26, when a FedEx employee attempted to deliver them to a Taperoo unit.

Kennedy maintained he did not know a neighbour had been importing the drugs, but when he discovered the contents on April 9, 2018, he had no issue selling and swapping the drugs.

Damien Lee Kennedy was arrested after trafficking fantasy delivered to his neighbour by a FedEx driver. Picture: AFP

Police attended Kennedy’s address the next day, and located 44L of 1,4 Butanediol – also known as bute, a common alternative to GHB – in various containers and the FedEx receipt addressed to the neighbouring property.

The AFP has linked bute to linked to sexual assaults and overdoses.

Judge Jo-Anne Deuter said prosecutors could not prove Kennedy had sold all 31L in one day, but his plea of guilty to trafficking in a large commercial quantity meant he admitted to selling at least 2L.

Kennedy was originally arrested for the offending on April 23, 2018, at the age of 19, however charges were later discontinued.

Facebook account messages belonging to Kennedy were accessed in February 2022 and the charges were relaid in November that year.

Counsel for Kennedy said the “unusual” progression of the case was “unfair” and should contribute to her honour finding good reason to suspend the offence.

Trafficking in a large commercial quantity of a controlled drug, a serious organised crime offence, carries a mandatory term of imprisonment unless exceptional circumstances can be found by the court.

The court heard three plastic drums were delivered, which held 75L of the liquid narcotic. Picture: ABF

The court heard Kennedy had not had any “moral guidance” throughout his life and had been sleeping on a neighbours couch due to being kicked out of his mothers home.

Counsel for Kennedy told the court he was a “young kid … trying to make his way” at the time of the offending and had experienced a “difficult” upbringing.

The court heard that during the time elapsed, Kennedy had begun to “turn his life around” and was “the most stable” he had ever been.

Judge Deuter sentenced Kennedy to two years, eight months and 22 days with a non-parole period of one year and three months.

The sentence was reduced by 13 months due to time spent in custody following his original arrest in 2018.

Due to the almost seven years that had passed between the “unusually opportunistic” offending and sentence, the circumstances they occurred in and how Kennedy had matured, Her Honour found it appropriate to suspend the sentence.

Kennedy entered into a three-year, $250 good behaviour bond – and ordered he perform 150 hours of community service within 18 months.