A Beauty Point woman who substituted someone else's urine for her own to avoid positive drug tests will spend seven days in jail.
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But Carlie-Anne Smith, 42, survived an application for cancellation of her drug treatment order which would have resulted in five months jail.
Magistrate Sharon Cure described Smith's conduct as appalling, evasive and dishonest when she substituted urine on July 21 and July 28 2023.
Smith, 42, received a five month drug treatment order in May after pleading guilty to driving while disqualified and possession of cannabis, magic mushrooms and methylamphetamine (ice) and a smoking device in November 2022.
In 2021 Smith received a four month suspended jail sentence for driving through the streets of Mowbray while a man was clinging to the bonnet.
A drug treatment order allows a recipient to avoid jail as long as they comply stay off drugs and comply with conditions of the order.
A court mandated diversion (CMD) officer told the court that Smith had admitted to using her friend's urine on one occasion.
The officer said Smith's urine had no temperature and was inconsistent with being human urine and on July 28 contained a false fingernail.
She said Smith was incapable of being honest and complying with the order.
The officer said Smith's conduct undermined the integrity of the CMD program.
"It strikes at the heart of the program which requires people to be honest about their drug use otherwise progress is impossible," she said.
"It was planned, deliberate and brazen dishonesty."
She said that several people including Chantal Elizabeth Dance had been cancelled for substituting urine.
Defence lawyer Mark Doyle agreed that it was an outrageous breach.
"There is no argument in how it has been characterised as striking at the integrity of the program," he said.
But he said the legislation required the magistrate to determine whether Smith had the capacity to achieve the purpose of the drugs order-to eliminate offending and get off drugs.
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In her decision Ms Cure said that she accepted that Smith's interference with the drug tests struck at the heart of the program.
"I do accept the frustration of those administering the CMD program," she said.
She said Smith had been on the program for just three months and that overcoming drug addiction was not a smooth process.
"I will punish the appalling conduct with seven days in prison," she said.
"I am not satisfied that with treatment and supervision the purposes of the drug treatment order will not be achieved.
"This is a stark reminder to her about the seriousness of her addiction and she needs to take a good look in the mirror."
She ordered that Smith appear in court for a review on September 28.
"You know what I expect on the 28th," Ms Cure said.
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Nick Clark
I am the Supreme and Magistrates Court reporter for The Examiner. My journalism career has clicked over 34 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for The Examiner. My journalism career has clicked over 34 years and encompasses four different spells at Tasmanian newspapers.
