A young man who brought nearly 50 grams of illicit drugs into a Tasmanian music festival to distribute to friends has been fined $2,250.
Zachary James Andjelkovic, 22, pleaded guilty in the Supreme Court to trafficking in a controlled substance and supplying amphetamine and MDMA at the ‘Party in the Paddock’ festival in Carrick in February.
The court heard that a police dog sniffed out a bag in a car near the campsite Andjelkovic was sharing with friends, leading to the discovery of several bags of yellow and white amphetamine powder, MDMA powder and capsules, small empty snap lock bags, digital scales and empty gel capsules.
Andjelkovic was arrested at the festival after he approached police and told them the bag belonged to him.
He later admitted that he did not intend to sell the drugs, which he had concealed in his clothing upon entry to bypass security, but rather distribute them to about 10 to 15 friends who had pooled a total of about $2,000 to buy them.
He also told police he did not contribute any money as he was taking the risk of buying the drug and bringing it into the festival and that he received the MDMA powder as a bonus from the seller.
Acting Justice David Porter said the offence of supplying a controlled substance was made out by the defendant’s possession of the 26 grams of amphetamine having agreed to give it to someone.
He noted that Andjelkovic has some traffic convictions but no convictions for offences of any significant offending and no recorded history of drug offending.
Andjelkovic did lose his building apprenticeship following the bust, which Porter put down to “media publicity” and allegations he had trafficked in methamphetamine, not amphetamine.
“The distribution of the drugs obtained was only to be to the group of friends who had contributed and who were established users and not to persons outside that circle,” Porter said.
“I pause to observe, however, that he had no control over what those persons did with it after he had given it to them, but he seems to have accepted that they would personally use it.”
“I also take into account that the price paid for the amphetamine purchased for the defendant’s friends was a relatively low amount.”
Porter said that while he generally takes the view that Andjelkovic’s offending is not of a high level of seriousness, he was ‘significantly’ involved in obtaining and distributing illicit substances.
“Overall, you displayed a very casual attitude, to say the least to the legal prohibitions relating to the acquisition, movement and use of illicit substances,” he said.
“I have come to the view that convictions are necessary. However, for the crime of trafficking I do not believe a sentence of imprisonment would be appropriate.”
Andjelkovic was fined a total of $2,250.
