R v Davies [2007] NSWDC 97

New South Wales District Court

CITATION: R v Davies [2007] NSWDC 97

HEARING DATE(S): 25-29 September, 3-6 October 2006 24 January 2007

JUDGMENT DATE: 9 February 2007

JURISDICTION: Criminal

JUDGMENT OF: Nield DCJ

DECISION: See paragraph 39

CATCHWORDS: Criminal law - sentence after trial - supply (deemed) of a prohibited drug (heroin) - circumstantial evidence

LEGISLATION CITED: Drug Misuse and Trafficking Act; s25(1) Crimes (Sentencing Procedure) Act; s3A, s21A

PARTIES: Regina Maria Anne Davies

FILE NUMBER(S): 05/31/0310

COUNSEL: Ms T. Bright (Crown) Mr R. Webb (Offender)

SOLICITORS: Gosford DPP Wright George Laywers, Granville

JUDGMENT

HIS HONOUR: As to the sentencing of Maria Anne Davies.

1 The offender is Maria Anne Davies. She was born on 8 August 1960. She was aged forty-four years and five months when she committed the subject offence and she is aged forty-five years and six months now.

2 I know that the offender is married, that her husband is serving a sentence of imprisonment for an offence and that she and her husband are the parents of at least one child, Mr Gary Smale.

3 However, I do not know anything of the offender's background and upbringing, or her education and employments, or her state of health.

4 I know that the offender does not have an unblemished character. She has a criminal record. It is exhibit R. She has been dealt with for one hundred and fifty-three offences. Of these offences, four, one committed in 1984, one in 1986 and two in 1990, were related to the use of a prohibited drug. None of the four offences related to the use of a prohibited drug was for the supply of it.