A drug trafficker who called her case worker a f---ing slut and took drugs throughout the drug treatment order keeping her out of jail was unsuitable for any type of supervision, a Launceston magistrate said.
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Magistrate Sharon Cure cancelled a drug treatment order - which enabled Shanelle Renee Delaney, 39, to avoid 20 months in jail despite operating a large-scale drug trafficking business.
On Tuesday, Ms Cure cancelled the drug treatment order, and the court heard submissions about how much of the original 20-month jail term Delaney would be required to serve. The magistrate can reduce the sentence based on the degree of compliance shown during the order.
The court heard that Delaney called her case worker a f---ing c--- and f---ing slut and threatened that anyone who had "f---ed her or her family over should be shaking in their boots."
The court heard that Delaney obtained a prescription for a narcotic drug, Vyvanse, which she used for most of the duration of the order until the Pharmaceutical Board of Tasmania found out.
She also obtained medicinal cannabis from a Queensland Internet provider until the court cracked down upon the practice.
"That [medicinal cannabis use] should not have happened,' she said.
In cancelling the order, Ms Cure said Delaney was aware that non-compliance would result in jail.
She said Delaney displayed tempestuous and challenging behaviour.
"In January, her abuse of a court-mandated diversion officer was unacceptable," Ms Cure said.
She said that in February, police had been called to Delaney's home, where she was brandishing weapons.
In February, the Department of Community Corrections resolved that it could not deal with her and made a cancellation application.
She said that Delaney exhibited a level of entitlement and abusiveness that could not be tolerated on such an order.
Ms Cure said Delaney argued with her in court about feeling let down.
"The lack of insight was staggering," she said.
"As for being clean, my view is that that is debatable."
A positive test for methylamphetamine was recorded during the order.
Ms Cure said that a medical practitioner who prescribed Vyvanse in late 2022 for ADHD was not aware that Delaney was a drug trafficker.
"When she obtained the prescription, the information provided was not truthful," she said.
She said that after the prescription was removed, Delaney bought $500 worth of the drug on the street.
She said Delaney used alcohol throughout the order contrary to conditions.
The court heard that Delaney had a history of trauma and mental health difficulty but had successfully held down a responsible position in a bank.
"Justice Pearce referred to her as a functioning addict," Ms Cure said.
In a submission about Delaney's re-sentencing, police prosecutor Mike Bonde said Delaney's period on the order had been littered with dishonesty, abusive behaviour and a sense of entitlement.
"My submission is that the way she acted displayed a level of arrogance and an expectation that she was running the show," Mr Bonde said.
Ms Cure denied an application by defence lawyer Olivia Jenkins to close the court.
She said it was her view that Delaney was not suitable for supervision of any type.
"To restore the whole of the custodial component [20 months] would be crushing," she said.
Ms Cure reduced the sentence by ten months to account for compliance while on the order and suspended five months of the remaining ten months for 18 months on the condition that she not commit any imprisonable offence. It was backdated to March 14.
"You'll be out in four months and three weeks," Ms Cure said.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
