R v Swanton [2017] NSWDC 226

District Court New South Wales

Medium Neutral Citation: R v Swanton [2017] NSWDC 226 Hearing dates: 26 May 2017 Date of orders: 26 May 2017 Decision date: 26 May 2017 Jurisdiction: Criminal Before: Berman SC DCJ Decision: Remanded under s 11 of the Crimes (Sentencing Procedure) Act Catchwords: CRIMINAL LAW – Sentence – Drug possession for the purposes of supply Legislation Cited: Crimes (Sentencing Procedure) Act Category: Sentence Parties: The Crown Stephanie Melissa Swanton Representation: Counsel: Ms S Kluss – The offender

Solicitors: Director of Public Prosecutions – The Crown File Number(s): 2015/1245142015/142824

Judgment 1. HIS HONOUR: In 2015 Stephanie Melissa Swanton seems to have been a drug supplier at a reasonable level. She was discovered in possession, which she admits was for the purpose of supply of, two different sorts of drugs on 27 April 2015. She was arrested and bailed but only a very short time later she was discovered to have been in possession of more drugs for the purposes of supplying them. She also asks that I take into account various matters on two Form 1s attached to the substantive offences. 2. 2 Her criminality was serious. Ordinarily given that level of drug supply she could expect nothing less than a full time custodial sentence but the case presented by Ms Kluss on behalf of Ms Swanton today suggests a great deal of promise for Ms Swanton's rehabilitation. She has attended WHOS and completed their rehabilitation program. She has a job. She continues to attend Narcotics Anonymous and people speak highly of her as she is today and the change in her brought about as a result of her arrest on these matters. 3. 3 However, one thing which is missing is evidence which Ms Kluss could call in aid to establish that Ms Swanton is not using drugs. Also it is important to know whether the rehabilitation that Ms Swanton has apparently achieved is going to continue. As I expressed to Ms Kluss a little while ago, if the matter were to be dealt with today it would be difficult to see a sentence of other than full time custody being imposed upon Ms Swanton but if evidence is supplied of continued rehabilitation and an absence of drug use then the chances of Ms Swanton receiving a sentence of other than full time custody are increased. 4. 4 It is important that Ms Swanton and Ms Kluss understand this however: This section 11 remand is not a promise that a full time custodial sentence will not be imposed even if Ms Swanton does well, a lot will depend on the material that is presented on the next occasion. 5. I remand Ms Swanton under s 11 of the Crimes (Sentencing Procedure) Act to Friday 23 February 2018. The conditions of her bail are these: 1. She is to use no illegal drugs whatsoever and that of course includes the drug cannabis. 2. She is to be supervised by the Probation and Parole Service. 3. In order to ensure that she is complying with the first condition of bail, that is, she use no illegal drugs whatsoever, she is to undergo regular urinalysis. If the Probation and Parole Service do not arrange at least fortnightly urinalysis she is to arrange at her own expense at least fortnightly testing. The results of all urinalysis tests are to be provided to me on the next occasion. The fortnightly requirement may be relaxed. If after some time Ms Swanton has clean urinalysis reports and the cost and frequency of testing is prohibitive she may approach the Court and seek a relaxation of the frequency of testing. 1. Ms Swanton, stand up please. I will summarise what I have said to you: If I was going to sentence you today you would probably go to gaol so you have got a bit of work to do between now and when I see you next February. You have got to keep doing well which in your case involves keep your job and perhaps, most importantly, not use drugs. I have required at least fortnightly testing. Now the Probation and Parole Service are very busy, they probably will not test you every fortnight but you have to arrange for your own testing at least every fortnight and if you come back having used drugs then the chances of you going to gaol are dramatically increased. If you come back with clean urinalysis the chances of you not going to gaol are increased. So, it is important that you understand that using drugs between now and when I see you in February next year is likely to send you to gaol. So think about that, when someone offers you drugs, when you are a bit relaxed and you are tempted to try them that decision might send you to gaol. Do you understand? 2. OFFENDER: I do. 3. HIS HONOUR: Thank you.