R v Follett [2011] NSWDC 251

District Court New South Wales

Medium Neutral Citation: R v Follett [2011] NSWDC 251 Decision date: 18 March 2011 Before: Nicholson SC DCJ Decision: Sentenced to imprisonment - See paragraphs [43], [59] & [60] Catchwords: CRIMINAL LAW - Sentence - Ongoing supply - methylamphetamine (x2) - 45 grams - 9 months imprisonment Legislation Cited: Drug Misuse and Trafficking Act - Crimes (Sentencing Procedure) Act Category: Sentence Parties: The Crown Tara Elizabeth Follett Representation: Director of Public Prosecutions File Number(s): 2010/143567

SENTENCE 1On 15 February 2011 Tara Elizabeth Follett pleaded guilty to two counts of ongoing supply, both these charges were on an indictment, she had pleaded guilty to the same offences on 1 December 2010. It would appear there was some irregularity in the committal documents and hence an indictment was required. 2The charges of ongoing supply allege the supply of methylamphetamine between 10 February and 13 March on three occasions and between 14 March and 14 April on three occasions. She asks that I take into account the supply of 0.5 grams of methylamphetamine on 18 January 2010 when sentencing her for the first indictable offence.

FACTS 3The parties have agreed to a set of facts which are in these terms. The offender Tara Elizabeth Follett is unemployed, she resides at her mother's house in Gisborne Street, Wellington with her mother Karen Horan, father Trevor Follett and two sisters Danielle and Rochelle Follett. Also residing at the same address was the de facto partner of her sister Danielle Follett one Kylie Thompson, their infant son Kydan Thompson, the offender was in receipt of New Start allowance totalling $400 approximately a fortnight. 4Strikeforce Grandchester was established by the Orana Local Command to investigate ongoing supply of prohibited drugs by one Manuel John Delia and any of his associates. 5On 15 October 2009 Assistant Commissioner Bradshaw approved the controlled operation authority of 09/264 which allowed covert techniques to gather evidence against Manuel Delia. 6On 8 February 2010 Assistant Commissioner Bradshaw approved a further controlled operation, 10/029. This authority listed additional persons Kylie Thompson and Tara Follett, the offender before the Court. 7Police identified a large drug supplying criminal enterprise working between Sydney, Wellington and Dubbo. Kylie Thompson was identified as assisting Manuel Delia in the supply of prohibited drugs in the township of Wellington predominantly from his home address at 108 Gisborne Street. From this location he, Tara Follett, was involved in the supply of prohibited drugs.