Police v Russell [2022] NSWLC 11

Local Court New South Wales

Medium Neutral Citation: Police v Russell [2022] NSWLC 11 Hearing dates: 13 July 2022 Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Criminal Before: Stewart LCM Decision: Application for diversion refused Sentence: Conditional Release Order s 9(1)(b) for 2 years with conditions as to abstinence and treatment Catchwords: Supply prohibited drug to school children – defendant in position of trust as teacher – serious offending – longstanding mental health issues – discretionary judgment – protection of community – sentencing discretion – purposes of sentencing Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) s15A Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) s 25(1) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 4, 5, 12, 14, 15 Mental Health (Forensic Provisions) Act 1990 (NSW) s 32 Cases Cited: R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 Confos v Director of Public Prosecutions (NSW) [2004] NSWSC 1159 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 DPP v El Mawas (2006) 66 NSWLR 93; [2006] NSWCA 154 Category: Principal judgment Parties: NSW Police Force (prosecution) Lauren Gabrielle Russell (defendant/applicant) Representation: Sergeant Coote, Police Prosecutor Counsel: D Bhutani for defendant/applicant Solicitors: NewLaw Legal File Number(s): 2022/00033673 Publication restriction: No information may be published or broadcast in a way that connects any person referred to in these proceedings who was a child or were children at that time: section 15A Children (Criminal Proceedings) Act 1987 (NSW)