R v O’Brien [2021] NSWDC 504

District Court New South Wales

Medium Neutral Citation: R v O'Brien [2021] NSWDC 504 Hearing dates: 3 September 2021 Date of orders: 23 September 2021 Decision date: 23 September 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Community corrections order. For orders see [89]. Catchwords: CRIME – possess prohibited drug – import marketable quantity of border controlled drug. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Drug Misuse & Trafficking Act 1985 (NSW) Cases Cited: DPP v Costa [2019] VCC 695 DPP v MA [2019] VCC 301 DPP v Maxwell [2013] VSCA 50 Hili v The Queen (2010) CLR 502; [2010] HCA 45 R v Colledge [2010] NSWCCA 302 R v Nguyen; R v Pham (2010) 205 A Crim R 106; [2010] NSWCCA 238 R v Pogson [2012] 82 NSWLR 60 Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14 Category: Sentence Parties: Director of Public Prosecutions (Crown) Jacqueline Frances O'Brien (Offender) Representation: Solicitor: M. Leijins (Crown)

Counsel: J. Klarica (Offender) File Number(s): 2020/283473

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following three offences to which she has entered pleas of guilty: Count 1 – possess prohibited drug (methylamphetamine – 2.32 grams) contrary to s 10 of the Drug Misuse & Trafficking Act 1985 (NSW) ("DMTA"). Count 2 – import marketable quantity of border controlled drug (gamma-butrolactone) contrary to s 307.21(1) of the Criminal Code 1995 (Cth). The maximum penalty for this offence is 25 years imprisonment and/or 5000 penalty units. Count 3 – possess prohibited drug (ketamine – 0.24 grams) contrary to s 10 of the DMTA. The maximum penalty for Counts 1 and 3 is two years imprisonment. 1. The offender was arrested on 30 September 2020 and spent 38 days in custody until she was granted bail on 27 January 2021.