On 5 October 2011 the ACBPS intercepted a package consigned in the defendant’s name, to his residential address and with his contact telephone number from a company in Poland. The package contained 3 spray bottles of clear liquid labelled as ‘Magic Cleaner’. The substances in the bottles were tested and contained 1263.9g of pure GBL. On 13 December 2011, a search warrant was executed at the defendant’s house and the following drug-related items were found: empty fish-shaped vials; information on GHB and GBL and a set of pocket scales.
The defendant pleaded guilty to 1 count of importing a commercial quantity of a border controlled drug, namely gammabutyrolactone (GBL), pursuant to subsection 307.1(1) of the Criminal Code and was sentenced to perform 400 hours of community service.
The defendant submitted that he should be sentenced to a psychiatric probation order as he had a mental illness or mental disorder that contributed to him committing the offence. The court found that whilst the defendant’s mental illness or disorder contributed to the commission of the offence and thus the offender’s moral culpability was reduced, the report of the forensic psychiatrist was not sufficiently clear for the court to be satisfied that the defendant was suffering from a mental illness in accordance with section 20BV(1)(a) of the Crimes Act 1914, and therefore he was not eligible for a psychiatric probation order pursuant to section 20BV(1) of the Crimes Act 1914.