R v Casey Cameron [2016] NSWDC 172

District Court New South Wales

Medium Neutral Citation: R v Casey Cameron [2016] NSWDC 172 Hearing dates: 21 April 2016 Date of orders: 18 August 2016 Decision date: 29 April 2016 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: For Orders see [52] Catchwords: Sentencing – ongoing supply of prohibited drugs, suitable for Intensive Correction Order Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug (Misuse and Trafficking) Act 1985 Cases Cited: EF v R [2015] NSWCCA 36 Lamb v R [2014] NSWCCA 50 R v Gu [2006] NSWCCA 104 R v Hide [2003] NSWCCA 371 R v Wong [1999] NSWCCA 420 Category: Sentence Parties: Director of Public Prosecutions (Crown) Casey Cameron (Offender) Representation: Counsel: A Meredith (Crown) M King (Offender)

Solicitors: File Number(s): 15/177981 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender was committed for sentence on 17 February 2016 from Wagga Wagga Local Court. She entered a plea of guilty at the earliest opportunity to one count of supply drugs on an ongoing basis between 20 May 2015 and 16 June 2015 pursuant to s 25A(1) of the Drug (Misuse and Trafficking) Act 1985 ("the Act"). 2. The offence carries a maximum penalty of 20 years imprisonment and/or 3,500 penalty units. 3. The offender has spent 2 months and 24 days in custody since her arrest on 16 June 2015, before she was released on Supreme Court bail.

The sentence hearing 1. The Crown bundle became Ex A on the sentence hearing. It contained the Statement of Agreed Facts as to the six occasions during the period 20 May 2015 and 16 June 2015 which make up the ongoing supply. A fair summary of those facts establishes that the offender was contacted by a female undercover police officer and gave a false name when she first agreed to supply one point of methylamphetamine to the undercover officer. The first occasion involved a transaction where the offender sent another person (known as "Jake") to hand over a crystal substance, analysed as containing 0.04 grams of methylamphetamine, for the sum of $100.00. The second transaction involved a supply of 0.14 grams, and the third supply was 0.12 grams. The third transaction involved her arranging a transaction between a person known as "Scott" and the sum of $100.00 was handed over by the undercover officer. 2. The fourth occasion involved the sale of 0.29 grams of methylamphetamine on 11 June 2015 for the sum of $250.00. The fifth occasion occurred on 14 June 2015, and involved the supply of 0.37 grams of methylamphetamine to a male person, Alan Riach, who it was conceded, on-sold the substance to an undercover officer. 3. The last and sixth occasion was the supply of 0.96 grams of a substance held out to be methylamphetamine on 15 June 2015. On that occasion, the offender supplied to a male undercover police officer a white crystal substance, which was in fact rock salt, for the sum of $300.00. 4. Exhibit A contained the offender's criminal record, which demonstrates one matter in the Children's Court in 2008, which was unrelated, and then traffic matters in 2009, 2013 (for which a s 10 Bond was imposed for 6 months), and relevantly, on 15 June 2015, the offender was convicted of two offences of drive whilst licence application refused, for the first of which she was fined the sum of $500.00, and the second occasion she was sentenced to a Bond pursuant to s 10 to be of good behaviour for a period of 12 months. The 15 June 2015 was the date of the last supply, which occurred after she had left court on that day. This was therefore an aggravating factor for the court to take into account on sentence. 5. Exhibit A also contained a Pre-sentence Report under the hand of Melissa McKenzie, dated 12 April 2016. The report set out the offender's familial history. Her relationship with her mother was dysfunctional as a result of her mother's alcohol abuse. Her parents separated when she was an infant and she has recently gained contact with her father. The offender is a single mother of two children, who are presently in the custody of her mother. Her only employment history was employment as a receptionist in the real estate industry, working with her mother. 6. The report noted that the offender disclosed that she commenced to use alcohol from 21 years of age and it cited a pattern of binge drinking. The offender made a full and frank admission to using methylamphetamine, which she commenced using at 24 years of age. She described a pattern of social use which rapidly escalated to an addiction requiring daily dependence. 7. The report also noted an historical diagnosis of anxiety and depression for which she had been medicated. The report also noted that she showed insight into her substance abuse issues and offending behaviour and appeared willing to make long-term change by engaging in appropriate interventions. She was assessed as requiring a mental health assessment and the need for engaging with a counselling service to address those issues. She was also assessed as suitable for a Community Service Order. 8. The offender tendered two letters from the Calvary Riverina Drug and Alcohol Centre dated 4 December 2015 (Ex 1), and 27 January 2016 (Ex 2). They recorded that she was attending a day program with that service which she commenced on 16 November 2015. She was due to graduate from that program on 29 January 2016, however, she extended her involvement in the program until 26 February 2016. In fact, she left the program earlier than that date, for the reasons set out below. 9. The offender also relied on a report from Dr Richard Furst, psychiatrist, dated 15 April 2016. Dr Furst set out the offender's psychiatric and drug and alcohol history. At age 20 she fell pregnant with her first child. She then commenced working for her mother until she had her second child. She separated from the childrens' father in October 2012. She was then in a relationship with another man for a period of 18 months, who was more supportive than the childrens' father. However, the relationship deteriorated, and after it ended she began drinking excessively from July 2014. She had previously been recommended anti-depressant medication, but refused to take it. Otherwise, she had never been admitted to a psychiatric hospital and had no history of deliberate self-harm, subject to one matter which I refer to below. 10. While she had used cannabis occasionally from age 16, she commenced using methylamphetamine (or ice) from January 2015, and smoked it on a regular basis from February 2015. She expressed regret for her use of ice to Dr Furst. In relation to the offences, she reported to Dr Furst that she supplied the drugs because "it was a quick way to make money and get more drugs". She also told Dr Furst: "I wish I'd never done it. I was bad on ice. I felt invincible. I now realise how stupid I was." 1. Dr Furst reported that since being released on Supreme Court bail, the offender has been living with her sister and attending a day program known as "COPE" at Calvary. She found this program helpful and extended her involvement from 8 weeks to 12 weeks. Dr Furst noted that she was discontinued from the program for not reporting an incident involving another participant. She wanted to be given the chance to complete the program. 2. The offender denied using any drugs since her arrest in 2015 and told Dr Furst that she felt that she had been "an idiot to use ice in the manner in which she had". She had no desire to return to drug use. She had also previously attended the "MERIT" program. 3. Following mental state examination, Dr Furst diagnosed the offender as meeting the criteria for the following mental disorders: * "Substance Use Disorder (Alcohol, amphetamines) * Persistent Depressive Disorder (Chronic Dysthymia) 1. Dr Furst noted that the offender reported feeling depressed when not using ice, suggesting that her use of drugs was a maladaptive means of coping with her depression, anxiety and emotional distress. In his opinion, the presence of her addiction and the underlying depressive disorder, mitigated to some extent against the seriousness of her actions. He recommended the following treatment: "1 She is placed under the care of Dr Sedrak, or delegate, and attends appointments as required, probably second monthly in the first instance. 2 She adheres to a mental health care plan. 3 She accepts referral to a clinical psychologist to address her underlying depressive disorder, anxiety and current stressors in relation to child custody, probably through a course of cognitive behaviour therapy over 10-12 sessions. 4 Her current presentation suggests that she does not require treatment with anti-depressant medication at this time. 5 She engages in further work and/or vocational studies. 6 She accepts any other recommendations regarding drug and alcohol counselling/rehabilitation, as clinically indicated, such as relapse prevention and possible further attendance at Calvary Riverina Drug and Alcohol Centre (CRDAC) in Wagga Wagga, which may involve a day program and weekly group based and individual counselling sessions or other suitable programs. 1. Dr Furst recommended that further drug and alcohol counselling may be indicated, with a focus on relapse prevention, such as the "EQUIPS (Addiction)" program. 2. Dr Furst was of the opinion that she was insightful and remorseful. Effective treatment of her underlying depression and emotional vulnerabilities would be of assistance in reducing her risk of relapsing into drugs of abuse. He was of the opinion that she has generally good prospects of a successful rehabilitation and was a low risk of reoffending, notwithstanding the seriousness of the offences before the court.