Cassidy John Spinks: Drug import sentence eased on appeal

A Tweed man convicted of bringing $10,800 worth of MDMA into the country has appealed his penalty. Here’s why his sentence was reduced.

A man convicted of importing $10,800 worth of MDMA into Australia has had his sentence reduced on appeal.

Cassidy John Spinks, 21, was convicted of one count of importing a marketable quantity of a border controlled drug in the Lismore District Court on March 1, 2021.

He was then sentenced to three years’ imprisonment with 18 months non-parole and directed to enter into a $2000 recognisance on release.

According to the agreed statement of facts, police intercepted a parcel being sent to Spinks in Tweed Heads.

Inside the parcel, they found a bag containing 124.3 grams of MDMA, of 75 per cent purity, giving a quantity of 90.74 grams of pure MDMA.

Spinks was arrested when he collected the parcel and his phone was seized.

Police searched the Tweed Heads home where he was living with his parents and located drug paraphernalia.

The waybill for the package showed it originated in the United Kingdom.

Spinks’ sentence was appealed in the Court of Criminal Appeal on December 16 on the grounds the sentencing judge failed to consider Spinks’ youth, ongoing rehabilitation and good character; that the judge didn’t consider his substance abuse disorder and how it reduced his moral culpability or mitigated his offending; and the judge made error in the sentencing requiring “great weight” on general deterrence.

The appeal court heard during a sentencing hearing before the District Court on February 26, 2021 Spinks gave evidence he was using MDMA and cocaine two to three times a week, spending about $120 to $200 a gram.

The court heard Spinks had downloaded a software to access the dark web on October 10, 2019.

Spinks and a “group of four other friends pooled their finances and came up with the purchase price of $5200” under the impression the drugs would come from within Australia, the court had heard.

 He agreed, however, that it was “entirely possible the drugs might come from overseas”.

At the time he was aged 18.

Under cross-examination Spinks was questioned about whether he or his friends had the intention to sell on the drugs.

Spinks said there was no intention to sell but said if a “pretty girl in a club” had asked he may have sold some for $50 and his friends possibly would have done the same.

However it was accepted by the court Spinks only obtained one third of the drugs and at his rate of consumption that would have only lasted him about seven weeks.

Judge John Basten noted Spinks’ drug consumption had begun in high school as a result of bullying, that he had a number of positive references, no prior criminal history and had maintained a job at Coles throughout his drug use.

Judge Basten disagreed that the substance abuse disorder was not considered and that too much weight was given on general deterrence, which judges Robertson Wright and Christine Adamson supported.

However Judge Robertson Wright and Christine Adamson supported the grounds the sentencing judge did not take into account the applicant’s youth when determining the total term.

Spinks was resentenced to 2 years and 3 months prison with 15 months non-parole and a condition to enter into a recognisance upon release.

He is eligible for parole on May 31, 2022.