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The paper "Marital Situation of Wilbur" states that Wilbur has pleaded guilty to the charges made against him relating to the possession of drugs with the intent of distributing the drugs. This is a fact that he confessed to during the police interview and also as he pleaded guilty before the court…
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Pre-Sentence Court Report
Name
Edith Cowan University
DEPARTMENT OF CORRECTIVE SERVICES
COURT REPORT
STRICTLY CONFIDENTIAL
NAME: Jeffries Wilbur Alexander
D.o.B: 18th September 1990 AGE: 26 Years
ADDRESS:
20 Fitzgerald Road Morley WA 6062
PRESENT OFFENCES
Date of Arrest: 13/01/2017
Name of Court: Perth Magistrate’s Court
Charges:
1. Attempt to possess prohibited drugs with intent to sell or supply.
2. Possession of a prohibited drug with intent to sell or supply (MDMA).
3. Possession of a prohibited drug with intent to sell or supply
Mr. Jeffries has been charged with the attempt to possess prohibited drugs with intent to sell or supply for using his home computer to access the dark web where he purchased 5 grams of MDMA powder on Saturday 7th January 2017. As part of the purchase, he paid AUD$550 in bitcoin currency to the vendor who sent the drugs via Australia Post Express mail. The parcel was later intercepted by the police at the Perth Airport. Due to the suspicious parcel, the police went to Mr. Jeffries residence where they conducted a search of the property where they found more MDMA. Due to the drugs found in Mr. Jeffries house, he has also been charged with being in possession of a prohibited drug with the intent to sell or supply. He has also been charged with a second count of possession of a prohibited drug due to the cocaine totaling 1.8 grams and ecstasy totaling to 2.8 grams found in his vehicle on 13th January 2017 when he was arrested. Upon his arrest, Mr. Jeffries admitted to his offending and that he intended to sell the drugs.
COURT HISTORY
Wilbur has no prior offences and no outstanding fine recorded against him. He is a first time offender.
RESPONSE TO PREVIOUS SUPERVISION
Wilbur is a first time offender. He does not have any known correctional history or previous supervision.
FAMILY BACKGROUND
Wilbur comes from a family of two parents and one brother. His mum and dad separated while he was five years old and after the separation, he and his brother lived with their mum. Wilbur also had a step-brother who was older than him and his brother. His step-brother, however, died while Wilbur was 12 years old. Wilbur has had a rough childhood characterized by the separation of his parents while he was just five years old and the death of his step-brother while he was 12 years old. After the separation of his parents, Wilbur and his brother lived with his mother although his father visited them quite often. Wilbur has had a close relationship with his father even after the separation. His father has been instrumental in shaping his life with all the advice and support. This is evidenced by the fact that he helped Wilbur recover from his meth addiction by taking him to a rehab facility.
Wilbur’s relationship with his mum, however, is not as close as that of his father. In fact, one can say that part of the factors that led to Wilbur’s childhood is living with his mum. Wilbur describes how his mum used to be strict. She also used to drink a lot and sometimes she would go out and leave Wilbur’s brother to take care of him. There is also the fact that Wilbur blames his mum for his step-brother’s suicide. This is because his step-brother committed suicide right after the falling out with their mum after she disapproved the relationship between Wilbur’s step-brother and his girlfriend. Despite the close relationship between Wilbur, his brother and the step-brother it is notable that Wilbur’s mum did not allow Wilbur and his brother to talk to their step-brother. Wilbur and his brother suffered because of their mum’s strictness. It is also notable that even after the death of their step-brother, Wilbur’s parents did not explain to them what was happening or even talk about it despite the fact that such a death could have been traumatizing on the children. Another key aspect about Wilbur’s family is the fact that his mother and brother all suffer from the same illness. Wilbur’s mother was diagnosed with Multiple Sclerosis 10 years ago while his brother was also diagnosed with the same disease about five years ago. Although Wilber’s brother condition is being managed with medication, his mum’s illness has worsened over the years to the extent that she is confined to a wheelchair and living in a care facility.
MARITAL SITUATION
Wilbur is currently married and lives together with his partner. They have been together for approximately two years, and they are currently expecting their first child. Wilbur’s wife is a fitness instructor whom he states does not tolerate the use of drugs. Wilbur has a stable relationship with his wife who is also very supportive of him and has been encouraging him to avoid using drugs. Wilbur has been honest with her about his drug use though he did not tell her of his current use of drugs. The current offences committed by Wilbur are, however, surprising to her as she did not know that he had gone to the extent of ordering drugs online. Overall, however, Wilbur has a close relationship with his wife.
EDUCATION AND EMPLOYMENT
Wilbur states that he did not do the Tertiary Entrance Examination meaning that he only reached the high school level in education. He, however, studied at a pre-apprenticeship institution where he studied being an electrician. During his studies, he worked at one of the electricity provider companies for his apprenticeship. He was later retained by the company where he has worked since then. The company has recently offered him redundancy with a big payout. Other than working as an electrician, Wilbur also worked as at KFC when he was 15 years old then at Woolies for approximately 4 years after working at KFC. He was a hardworking employee and was once promoted to a manager at Woolies but was later fired for involvement with drugs.
FINANCIAL SITUATION
Wilbur has been working at one of the companies that is a big electricity provider in Perth where he has worked since his pre-apprenticeship studies. At the company, he has been receiving a good salary though he has recently been offered redundancy with a good payout. His brother states that he has not had any financial issues a fact that has been echoed by his wife. Wilbur’s wife states that their finances are okay. Wilbur, however, likes gambling and normally he spends $100 per week on sports betting and also spends between $250 and $500 in one night in a casino. At one time he lost $900 in one night though he states that he does not go to the casino regularly. His wife also states that Wilbur’s gambling behavior is not problematic.
SUBSTANCE USE
Wilbur states that he had started using drugs when he was 21 years old. He started using ecstasy when he would attend parties with his friends at the age of 21 years. He has been using ecstasy as a recreational drug during weekends. Wilbur also started using meth at the same age, but at the time it was a few times. However, when he turned 22 years, he was using almost on a daily basis. The regular use of meth affected his work and this could be seen when he started getting into trouble with his friends and while doing his casual jobs. With the help of his father, he was able to recover from addicting to meth and he has not used it since then. He was still using ecstasy up to the time when he was arrested and from then he stopped. Before being arrested he had begun buying MDMA online so that he could use and also sell it to his friends. He did not succeed in his plans as he was arrested before he could get his first order of MDMA.
SUMMARY AND RECOMMENDATIONS
Summary
Research has shown that trauma during childhood increases the risk of developing substance abuse (The National Child Traumatic Stress Network, 2014). A person is likely to develop substance abuse problems in their attempt to manage the distress that is associated with the effects that arise from the trauma. Childhood trauma affects the development of a child which may lead to deviant behavior in adolescence and even in adulthood. Wilbur has had a rough childhood which has exposed him to childhood trauma. While he was just five years old, his parents separated and he had to live with his mother and grow up in an unstable family despite the father’s frequent visits. Living with his mother was not easy as Wilbur’s mother had turned to alcohol for solace. She would spend the evening out and leave Wilbur’s brother to take care of him. While Wilbur was 12 years old his step-brother committed suicide. Before he committed suicide, Wilbur’s step-brother had a falling out with the mother after she disapproved his relationship with his girlfriend at the time. As a result, Wilbur and his brother were forbidden from speaking to their step-brother. They could no longer spend time with him despite the close relationship that they had before the incident with their mother. After his death, the incident was swept under the rug. The parents never discussed what had happened and neither were the children allowed to talk about it. Instead, they were shipped to their aunt in Germany for one month (Department of Corrective Services, 2010).
One constant trend in Wilbur’s life up to the point when his step-brother died was the fact that the family never took the time to spend the time to address the effects that resulted from the two life-changing events. After the separation, there was not much that was discussed and the same happened after the step-brother’s death. The parents gave no concern to the effects that such incidences had on the children, and more so Wilbur who was still young by then. Wilbur states that they did not have time to talk about the issues that hurt them or the emotional things that either of them was going through. This explains why Wilbur’s brother states that Wilbur does not talk about his feeling very much. This could be as a result of years of concealing the trauma he had experienced during his childhood. Wilbur’s brother also states that even after his father discovered that Wilbur was using drugs, he decided to keep the issue private just as they used to do as a family. The family never discussed any issues and this can be seen through the effects it had on Wilbur. The death of his step-brother had to be traumatizing due to the relationship that existed between Wilbur, his brother, and the step-brother. The fact that these life-changing experiences were not discussed within the family to help in the recovery process shows that there is a likelihood that the children were affected. Wilbur’s wife states that it took Wilbur one year to tell her that he had a step-brother though he did not tell her how he had died. The trauma could have led to Wilbur’s drug use as a way to deal with the distress from the trauma (National Institute on Drug Abuse, 2016).
There is also the fact that Wilbur’s mother drunk too much which may have impaired her parenting skills and abilities. According to the Children’s Bureau (2014), parental substance abuse is considered as a factor that increases the risk of child maltreatment. Children raised up by parents who abuse drugs or alcohol are likely to experience neglect or abuse. This can be seen in the way that Wilbur’s mother did not care much about the children’s feelings when she denied them the chance to interact with their step-brother. It also explains why she did not try to explain the death of the step-brother to the children to help them get over the incident. This amounts to neglect (Spooner & Hetherington. 2012).
Wilbur also suffers from anxiety disorders a fact that both his brother and wife reiterate. According to the National Drug and Alcohol Research Centre (2011), one of the major causes of anxiety is trauma. Children who are exposed to abuse or trauma have a higher likelihood of developing anxiety disorders compared to children who are not exposed to traumatic disorders. Such traumatic experiences could result from a family break-up or the tragic death of a loved one. Wilbur witnessed the separation of his parents at a very young age and neither his father nor his mother tried to explain to him or his brother what had happened. He also witnessed the death of his step-brother yet no one explained to him so enable him to get over the incident. These incidences are traumatic events which have the potential to affect a child’s life and the effects could arise even in adulthood. Research also shows that people use alcohol or other drugs as a way to cope with anxiety in what is called ‘self-medication’ (National Drug Strategy, 2011). It is notable that Wilbur’s anxiety begun shortly after the death of his step-brother when they went to Germany. This explains the evidence on the cause of anxiety. One can rightly say that the anxiety episodes was as a result of the trauma and the fact that Wilbur and his brother were sent to a place not familiar instead of spending the time with familiar people and a familiar environment. Other than the traumatic experiences that Wilbur went through as a child, there is also the fact that his brother and his mother suffer from the same illness. This could add to his traumatic experiences and cause him to engage in drug abuse (Law Reform Commission, 2016).
The psychological tests conducted on Wilbur showed that he had experienced enduring symptoms of depression and antisocial personality features. This means that he has experienced feelings of guilt, self-criticism and worthlessness. This also makes him sensitive to criticism. He may also be self-centred, competitive and short-sighted in his decision-making. The Personality Research Form E revealed that Wilbur has a high elevation of affiliation which means that he enjoys being with friends and makes efforts to win friendships and maintain associations with people. Perhaps this explains the fact that he started using drugs when he started going to parties with his friends. It may have started as a means to keep his cool friends. Wilbur also showed a higher need for succorance which means that he needs protection, love and the reassurance of other people. Without such support, he may feel helpless. For the entire of his childhood, Wilbur lacked support from his parents and the same is seen in his adulthood. His brother offered the support, but since he got sick he does not visit as often. Wilbur’s profile also revealed that he is more likely to display impulsive behavior than an average person. This means that he may have the tendency to act at the moment without deliberation. The decision to start using drugs and to order MDMA online could as well have resulted from this impulsive tendency.
Recommendations
Wilbur has pleaded guilty to the charges made against him relating to possession of drugs with the intent of distributing the drugs. This is a fact that he confessed to during the police interview and also as he pleaded guilty before the court. It is within the court’s power to sentence Wilbur to a prison term (Tulett, 2010). However, the court report assessment has revealed several factors that are interwoven and have led to Wilbur’s criminal behavior. He has been a victim of trauma as a child and this, according to research, has affected his life even as an adult. Wilbur suffers from an anxiety disorder which could certainly have resulted from the traumatic experiences as discussed in this report. The anxiety disorder could have led to the need to take drugs to suppress the anxiety as a self-medication mechanism. The psychological report has also shown that Wilbur has a likelihood of acting on an impulse and he is also likely to make efforts to keep friends. All these factors put together show that Wilbur’s criminal behavior is not out of disdain for the law but rather due to psychological issues (Law Reform Commission, 2009). In the interview, Wilbur indicated that he felt remorseful for what he had done and looking at his actions he feels that he should not have engaged in drugs. There is also the fact that during the time he has been released on bail he has not used any drugs which could be seen as his resolve to change. Further, through his father’s help, he was able to recover from a meth addiction which shows that with the right support he can change. These are facts which can be borrowed from the statements given by his brother and his wife. Based on the above facts and the fact that he is a first time offender, I, therefore, make the following recommendations (Sentencing Advisory Council, 2015);
1. That Mr. Jeffries be sentenced to a community correction order working 600 hours of community service.
2. That Mr. Jeffries be placed on a two-year probation period where he is not to use drugs or be associated with drug users.
3. That Mr. Jeffries agrees to have treatment for his drug use and mandatory counseling to deal with his childhood trauma.
4. That Mr. Jeffries be supervised by the Department of Corrective Services every 2 weeks to ensure that he has not violated his probation orders (Department of the Attorney General, 2013).
________________________________________
Your Name
COMMUNITY CORRECTIONS OFFICER
COMMUNITY JUSTICE SERVICES
Date
References
Children’s Bureau (2014). Parental substance abuse and the child welfare system. Retrieved May 6th, 2017, from: https://www.childwelfare.gov/pubPDFs/parentalsubabuse.pdf
Department of Corrective Services (2010). Pre-sentence report order. The government of Western Australia.
Department of the Attorney General (2013). Statutory review of the Sentencing Act 1995 (WA). The government of Western Australia.
Law Reform Commission of Western Australia (2009). Court intervention programs. The government of Western Australia.
Law Reform Commission of Western Australia (2016). Legal and policy issues. The government of Western Australia.
National Drug Strategy (2011). Anxiety disorders and substance abuse. Australian Government.
National Institute on Drug Abuse (2016). Drugs, brains and behavior: The science of addiction. National Institute on Drug Abuse.
Sentencing Advisory Council (2015). A quick guide to sentencing. Victoria State Government.
Spooner, C. and Hetherington, K. (2012). Social determinants of drug use. National Drug and Alcohol Research Centre.
The National Child Traumatic Stress Network (2014). Making the connection: Trauma and substance abuse. The National Child Traumatic Stress Network.
The National Drug and Alcohol Research Centre (2011). Anxiety and substance abuse. Australian Government Department of Health and Ageing.
Tulett, J. (2010). Pre-sentence reports: Their impact on the South Australian remand rate. Department of Correctional Services, South Australia.
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