Director of Public Prosecutions v Zentay-Jones
[2025] VCC 1308
•8 September 2025
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| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-25-01310
CR-25-00636
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SHAYLYNN ZENTAY-JONES |
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JUDGE: | CHIEF JUDGE CHAMBERS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 7 August 2025, 25 August 2025 | |
DATE OF SENTENCE: | 8 September 2025 | |
CASE MAY BE CITED AS: | DPP v Zentay-Jones | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1308 | |
REASONS FOR SENTENCE
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Subject:Criminal law – Sentence
Catchwords: Guilty plea - trafficking in a drug of dependence - methylamphetamine – possession of counterfeit notes – possession of a drug of dependence – dealing with property suspected to be the proceeds of crime – driving whilst disqualified – fraudulent use of a registration label – possession of a prohibited weapon – driving whilst unlicensed – drug related paraphernalia seized alongside drug of dependence – evidence of communications relating to sale and distribution of illegal drugs - total amount of 79.1 grams of drugs possessed for a trafficking purpose - significant childhood trauma and social disadvantage – full weight given to Bugmy considerations – history of drug addiction – combination sentence available to meet general and specific deterrence, while promoting rehabilitation.
Legislation Cited: Crimes Act 1958; Road Safety Act 1986; Control of Weapons Act 1990; Sentencing Act 1991.
Cases Cited:Bugmy v The Queen (2013) 249 CLR 571
Sentence: 176 days of imprisonment combined with an 18-month community correction order.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D. Barton Mr Z. Menon Ms F. Lulo | Office of Public Prosecutions |
| For the Accused | Mr D. Sala | Michael Kelly Lawyers |
HER HONOUR:
1Shaylynn Zentay-Jones you have pleaded guilty to offences arising from two occasions where you possessed methylamphetamine for a trafficking purpose on 11 October 2024 and 14 March 2025.
2In relation to your offending on 11 October 2024, you have pleaded guilty to:[1]
(a) one charge of trafficking in a drug of dependence, the maximum penalty for which is 15 years' imprisonment (charge 1);
(b) one charge of possessing counterfeit money, namely six counterfeit $50 notes, the maximum penalty for which is 10 years' imprisonment (charge 2); and
(c) one charge of possessing a drug of dependence, being methylamphetamine, the relevant maximum penalty for which is five years' imprisonment (charge 3).
[1]Indictment C2401012.
3You have also pleaded guilty to three related summary offences arising from the events of 11 October 2024, namely, dealing with property suspected to be the proceeds of crime, being cash of $450, driving whilst disqualified, and fraudulent use of a registration label. [2]
[2]The maximum penalties for which are 2 years’ imprisonment pursuant to section 195 of the Crimes Act 1958, 2 years’ imprisonment pursuant to section 30(1) of the Road Safety Act 1986, and 10 penalty units or two months’ imprisonment pursuant to section 72 of the Road Safety Act 1986, respectively.
4In relation to the offending on 14 March 2025, you have also pleaded guilty to the following offences:[3]
(a) one charge of trafficking in a drug of dependence, the maximum penalty for which is 15 years' imprisonment (charge 1); and
(b) one charge of possessing a drug of dependence, being MDMA, the relevant maximum penalty for which is five years' imprisonment (charge 2).
[3]Indictment R10565615.
5You have also pleaded guilty to the related summary offences of possessing a prohibited weapon, driving whilst unlicensed, and dealing with property suspected of being the proceeds of crime, namely cash in the sum of $685.[4]
[4]The maximum penalties for which are 2 years’ imprisonment or 140 penalty units pursuant to section 5AA of the Control of Weapons Act 1990, 6 months’ imprisonment or 60 penalty units pursuant to section 18(1A) of the Road Safety Act 1986 and 2 years’ imprisonment pursuant to section 196 of the Crimes Act 1958, respectively.
6You were born in December 1996 and were aged between 27-28 at the time of the offending. You have admitted a prior criminal history.
Circumstances of your offending
7Your offending happened in the following circumstances.
11 October 2024
8On 11 October 2024 at approximately 3.10 am, you and the co-accused, your then partner, Justin Nazifovski, drove into a petrol station in Nunawading, Victoria. You were driving the car, which was a white Ford Falcon utility bearing fraudulent number plates, and Mr Nazifovski was seated in the front passenger seat.
9Mr Nazifovski filled the vehicle with petrol while you entered the service station. At this time, police were travelling past the service station in an unmarked police car. The police intercepted Mr Nazifovski as he stood beside the car and questioned him about the false numberplates.
10When you came out of the petrol station, you explained that you were the driver of the car, which you told them belonged to a friend. The police formed the opinion that you were drug-affected and asked to search the vehicle. After obtaining your consent, the police opened the driver's side door and observed a Ziploc bag in the driver's side arm rest. The police then located a black bag in the driver’s side footwell, inside of which was a medium sized Ziploc bag that appeared to contain methylamphetamine. At this point, you and Mr Nazifovski were arrested and cautioned.
11When the police searched the vehicle further, they located a black zip-up bag in the driver's side footwell, containing four individual snap lock bags of methylamphetamine, in addition to drug related paraphernalia, including a set of scales and empty Ziploc bags. Subsequent analysis of the substance found in the four Ziploc bags confirmed it was 23 grams (mixed) of methylamphetamine. The police also located three mobile phones, one on the front driver's seat, and another two on the front passenger seat that had been occupied by Mr Nazifovski (charge 1 – trafficking in a drug of dependence).
12A grey satchel bag belonging to you was also searched, inside of which were six counterfeit $50 notes (charge 2 – possess counterfeit money). You have also pleaded guilty to possessing $450 in cash suspected of being the proceeds of crime (summary charge 4) and possession of the false number plates (summary charge 7). You were disqualified from driving due to accumulated demerit points, at the time (summary charge 6).
13You were interviewed by police that day and declined to answer most questions in accordance with your rights. You did however, advise police that you were responsible for the black zip-up bag found in the driver's side footwell but said that the cash in your possession was from winnings at the pokies.
14In the afternoon of 11 October 2024, investigators executed a search warrant at an address in Bellfield that you shared with the co-accused under a lease. There were two bedrooms inside the house, the first belonging to Mr Nazifovski and the second belonging to you.
15Inside your bedroom, the police located and seized three snaplock bags containing methylamphetamine which were found inside a 'Maltesers' bucket, together with hand written notes detailing the week, times, weight, names and location for what appeared to be the sale and distribution of methylamphetamine.
16Investigators also examined the mobile phones seized from the car, in which they located a conversation between you and a contact in your phone over 2 - 3 October 2024 in which you made plans to meet at a specific location. In that conversation, you said that you had '4 kilograms on me now' and would be able to bring 'the rest' later, to which the recipient asked 'how much for that?' You mentioned a cost of '1600'. In a separate conversation with Mr Nazifovski on 9 October 2024, you state 'Gotta sell a q in Melton'. These facts also form part of the charge of trafficking in a drug of dependence (charge 1).
17Analysis of the substance located in your bedroom confirmed that it totalled 5.6 grams of methylamphetamine (mixed) with a purity of 86%. Your possession of this amount of methylamphetamine is the subject of charge 3 – possession of a drug of dependence. Your counsel conceded the methylamphetamine was possessed by you for a trafficking purpose, and accordingly the higher maximum penalty of five years' imprisonment applies to this charge of possession.
18After being interviewed by police on 11 October 2024, you were bailed in respect of these charges.
14 March 2025
19On 8 March 2024 you arranged to borrow a 2023 Volkswagen vehicle from a friend, Ms Cassandra Brodie-Wall, who had hired the car. You told her you would return the hire-car the following day. However, you failed to return the car as promised, and then refused to answer or return repeated calls Ms Brodie-Wall's made over the following days. On 12 March 2024, she reported the car to the police as stolen.
20On 14 March 2024, Ms Brodie-Wall saw you parking the Volkswagen in her street and called police. You were not licenced to drive at that time (related summary charge 9). When the police arrived, they searched your handbag in order to locate the car keys. During that search, the police found a black plastic drink bottle with a concealed compartment, inside of which were multiple Ziploc bags containing a crystal substance.
21The substances in the Ziploc bags were subsequently analysed and found to contain 50.3 grams of methylamphetamine (mixed) containing about 50 g of methylamphetamine with a purity of between 84-88% (charge 1 – trafficking in a drug of dependence). Another 0.2 grams of MDMA, with a purity of 83%, was identified (charge 2 – possession of a drug of dependence).
22After being arrested, the police conducted a further search of your handbag at the police station and located collapsable gold knuckle dusters (related summary charge 8) and $685 in cash (related summary charge 11).
23You were
thenremanded in custody on 14 March 2024 and have now been in custody for 160 days.
Personal circumstances
24You have experienced significant trauma, tragedy and disadvantage in your life, which informs much of the context in which your offending occurred.
25Your early childhood was significantly marred by your mother's own problems with an addiction to heroin. You were born in December 1996, but your parents split up before you were born. Your father, who struggled with alcohol abuse, made no meaningful contribution to your upbringing. Your mother struggled with her addiction to heroin but remained 'functional' to the extent she was able to work three jobs as a nurse.
26When she was not using heroin, your mother smoked cannabis daily. You and your mother lived together in housing commission accommodation until you were eight years old. When your mother was working you spent time a lot of time with your grandparents who lived in Woodend. After child protection services were contacted, your grandparents assisted your mother to purchase a house in Sunbury. For a period of three to four years you mother ceased all drug use.
27Nonetheless, you report having 'largely raised [yourself]'.[5] At both school and at home you rarely interacted with children your own age, as your mother was guarded about you spending time with other children at the house. Your mother began a relationship with a male partner, but he was unkind to you, taunting and controlling you with abusive comments. That relationship ended when you were 14 years old.
[5] Exhibit 1 - Psychological Report of Mr Luke Armstrong dated 4 August 2025 at [2]
28Following this, your mother suffered a work-related injury and became dependant on pain killers and returned to heavy cannabis use. By the age of 15, you and your mother were smoking cannabis together daily. This drug use escalated by the time you were 16-17, when you began using amphetamines, including at times you went to nightclubs with your mother.
29You were expelled from high school halfway through Year 11 for cannabis use. You then began a course to become a personal care worker in aged care and worked in this industry for a year.
30However, by this stage you had begun to use methylamphetamine, particularly on weekends.
31Your mother had also begun abusing a variety of substances. When you were between 17-18, your mother made a serious attempt on her life by overdosing on opioids. You discovered her unconscious on the bathroom floor, after breaking down the door to enter. You performed CPR on her until emergency services arrived and your mother was hospitalised for a week.
32Following this traumatic event, you resigned from your role in aged care to become your mother's primary carer. You continued to live together but also engaged in regular ice use together. Your mother developed a form of psychosis around this time and was frequently hospitalised. Your relationship deteriorated with verbal and physical altercations between the two of you, resulting in intervention orders being obtained for your protection. You ultimately moved out of the house, to live with a boyfriend, due to this conflict.
33Tragically, your mother died in that house, following a house fire in 2020.
34Your aunt, Ms Alicia Waters, has written a letter to the Court dated 6 August 2025 that sheds much light on your difficult upbringing.[6] She is your mother's sister. Ms Waters writes that she has witnessed you 'struggle through the years' after being abandoned by your father and dealing with your mother's psychosis and addiction problems. Ms Waters states that you were isolated from the extended family until she reconnected with you following your mother's death. As to your formative years, your aunt states:[7]
‘Shaylynn has not enjoyed the social stability or financial support that my own daughter received from her parents. As a young child, Shaylynn was identified as having a high intelligence. I cannot help thinking that had I been able to foster her she would have reached her full potential. My sister was a single parent, receiving no support from Shaylynn's father and she could not provide Shaylynn with extracurricular activities.
Shaylynn has also been denied educational opportunities due to her carer role…for my mentally ill sister…since her suicide attempt in 2014. It was around this time; she was isolated from her extended family…I was acutely aware that my sister often belittled her and berated her, and on one occasion threw a brick at her head. I know she blames herself for not being with her mother on the night of the fire, having temporarily moved into her boyfriend's home after years of dealing with her mother's erratic behaviour.’
[6] Exhibit 4 - Reference of Ms Alicia Waters dated 6 August 2025.
[7]Ibid.
35You have been in a number of dysfunctional relationships with men, most of which were defined by violence, verbal abuse and mutual drug use. You lived with your aunt from time to time between October 2022 and March 2024, following a period of homelessness after an earlier, violent relationship ended. Your aunt states that you were suffering significant pain following a motor vehicle accident at that time, but despite this, you were making a real effort to work in a factory commuting with a friend from Sunbury to Thomastown every morning to do this job.
36You fell pregnant in 2024 but, sadly, the infant boy was still born at 23 weeks on 26 September 2024 - the date of your own mother's birthday. At the time of your arrest in March 2025, you had also received news that your father had been found deceased following a welfare check. He lay undiscovered for one month. Your aunt considers these traumatic events all contributed to your offending around that time.
37Your drug addiction has led you to commit offences in the past, although you do not have an extensive criminal history.
38On 21 November 2018, you were convicted and sentenced to an 18-month community correction order for driving and dishonesty offences, in addition to charges of possessing methylamphetamine, amphetamine, cannabis and prescription drugs. That CCO was contravened by offending, being driving whist disqualified and using a false document, for which you were sentenced on 22 October 2019 to an adjourned undertaking. The breach of the CCO was found proved and the order was confirmed on that date.
39On 26 August 2021, you were convicted and fined for offending that included obtaining property by deception, failing an oral fluid test and exceeding the speed limit.
40On 15 July 2024, you were convicted and sentenced to a 10-month CCO for driving offences and failing to answer bail. It is an aggravating feature of the offending for which you are to be sentenced that it occurred while you were subject to this CCO, with the October 2024 matters occurring only three months after that order was made. Moreover, you were then on bail for the October 2024 matters when you committed the further offending, also involving drug trafficking, in March 2025.
41For the purposes of sentencing, you were assessed by consultant psychologist, Luke Amstrong over three and a half hours on 1 August 2025. He believes that your drug use over the past two decades has served to mask a 'significant underlying psychiatric disturbance', leading him to diagnose you with a severe borderline personality disorder, with a tendency to dissociate from traumatic events.[8] Mr Armstrong concludes that a borderline personality disorder, rather than a diagnosis of PTSD, is appropriate as symptoms of PTSD did not 'adequately reflect the chronicity of [your] exposure to developmental disorder over many years, including neglect, parentification, enmeshment and substance abuse'.[9]
[8] Exhibit 1 at [3a].
[9] Ibid.
42This is your first real experience of custody, which I accept has been something of a wake-up call for you. Your aunt writes that she knows you want to change, but acknowledges that this will be difficult.
Matters in mitigation
43I turn to discuss some matters that operate in mitigation of your sentence.
44You indicated an intention to plead guilty on 17 April 2025 on which date an application for summary jurisdiction was refused in the Magistrates' Court. You entered a formal guilty plea at a committal hearing on 9 May 2025, without the need to cross-examine any witnesses. You are entitled to a discount on the sentence to be imposed on you because of your early guilty plea. Your plea has utilitarian value as it has saved the court and the community the time and resources associated with a trial. Importantly, you acknowledge responsibility for your wrongdoing through your guilty plea.
45The disadvantage, emotional neglect and trauma you experienced in your formative years also operates in mitigation of your sentence. The moral culpability of an offender whose formative years have not been marred in this way cannot be equated with an offender who was subject to such profound disadvantage. The nature and impact of your dysfunctional upbringing is set out in the report of Mr Amstrong, who states:
Ms Zentay-Jones' personality developed within an environment of emotional deprivation, she was alienated from her peers and grew up within an environment of dysfunctional adult carers. She learned to modulate her own emotion, and prioritised her mother's welfare over her own normal, emotional development. This experience severely retarded the development of a normal identity…Her relationship with her mother became enmeshed in adolescence, as evidenced by her shared drug use with this attachment figure. The legacy of this disturbed attachment and familial experience, was an individual who learned to disassociate from her own feelings.[10]
[10] Exhibit 1 at [4]
46I have given full weight to your dysfunctional upbringing in mitigation of your sentence,[11] noting Mr Armstrong's conclusion that your history of deprivation and trauma have contributed to your diagnosed severe borderline personality disorder.
[11]Bugmy v The Queen (2013) 249 CLR 571
47However, your diagnosed personality disorder, combined with your long-standing history of substance abuse, pose a real challenge to your future rehabilitation prospects. In recognition of this fact, Mr Armstrong recommended that you receive intensive, structured outpatient drug treatment, in addition to psychiatric treatment. You have previously failed to comply with community based dispositions aimed at your rehabilitation.
48At your earlier plea hearing, I proposed that you be referred to the Drug and Alcohol Treatment Court to consider your eligibility to participate in that intensive structured program. However, you wrote to the court identifying concerns regarding your ability to manage the intensity of such a program.[12] In doing so, you demonstrated insight into the fact that that you are not yet ready to complete the requirements of the Drug and Alcohol Treatment Court program. This is regrettable as that program offers the degree of intensive, structured supports I understand Mr Armstrong considers necessary to overcome your addiction problems.
[12] Exhibit 5 - Ms Shaylynn Zentay-Jones dated 13 August 2025
49You have used your time in custody productively, undertaking a number of courses to improve your vocational options, such as a food handling course, in addition to drug treatment programs, including a 12-hour relapse prevention program.[13] You have engaged with the Women's Justice Diversion Program at Dame Phyllis Frost Centre and had arranged rental accommodation for you, through that program.[14]
[13] Exhibit 3 – Bundle of certificates.
[14] Exhibit 2 - Letter of Ms Sarah Sheppard, Women’s Housing Ltd, dated 29 July 2025.
50You also have family support from your aunt, as has been demonstrated not only by her letter to the court but by her constant attendance at your plea hearings. Your aunt is also available to provide stable accommodation to you on an interim basis.
51I accept that you have reasonable prospects of rehabilitation if you are able to address your drug addiction issues upon your release from custody. Mr Armstrong notes that you are neither naive, nor are you a 'hardened, unsavable offender'.[15] I agree with those observations. You need to fully embrace any opportunities given to you to address your drug addiction problems. I accept that your time in custody has increased your motivation to do so.
[15] Exhibit 1 at [5].
Other sentencing considerations
52I now turn to consider the seriousness of your offending and other relevant sentencing considerations.
53Your offending involved trafficking in methylamphetamine, a serious and harmful drug
,that causes untold harm in our community, was relatively serious. The maximum penalty of 15 years' imprisonment for this offence highlights its inherent seriousness. The total quantum of drugs possessed by you was 79.1 grams, which is not an insignificant amount. The fact you reoffended in March 2025, despite having been arrested and bailed by police in October 2024, is highly concerning. Both general and specific deterrence apply in sentencing you, although both are moderated and your moral culpability is reduced,for the reasons I have outlined.54It is not disputed that you engaged in this offending in order to maintain your own drug addiction. This is not an example of a sophisticated drug trafficking enterprise or profit-making business.
55Both the prosecution and defence submit that a sentence involving an immediate term of imprisonment, combined with a lengthy community correction order is appropriate to operate as a deterrent and to denounce your offending, while also offering a means of supporting your rehabilitation in the community. I agree with those submissions.
56In a report dated 1 September 2025, Community Corrections found you suitable suitable for a community correction order, despite being assessed as a high risk of general reoffending. During that assessment, the writer states that you were polite, engaged and responsive, and expressed shame and remorse for your offending. A CCO, with conditions to engage in drug and mental health treatment and rehabilitation, in addition to supervision and judicial monitoring was recommended. You have consented to such an order being made.
Sentence
57Balancing the matters to which I have referred, whilst having regard to the maximum penalty for each offence, I sentence you as follows:
58On charge 1 – trafficking in a drug of dependence and charge 3 – possession of a drug of dependence in respect of Indictment C2401012 and on charge 1 – trafficking in a drug of dependence in respect of Indictment R10565615, you are convicted and sentenced to an aggregate of 176 days' imprisonment in combination with a community correction order of 18 months' duration. This order is made pursuant to s 44 of the Sentencing Act 1991. An aggregate sentence is available as all charges are similar in nature.
59I declare that the period to be reckoned as already served under this sentence is 176 days, not including today's date. I direct that the fact such a declaration was made and its details be entered into the record of the court.
60On charge 2 of Indictment C2401012, being the Commonwealth offence of possessing counterfeit money, you are convicted and fined $800.
61On the related summary offences arising from your offending on 11 October 2024, for summary charge 6 - driving whilst disqualified and for summary charge 7 - fraudulently using a registration label, you are convicted and fined an aggregate of $500.
62Pursuant to s 40 of the Sentencing Act 1991 you are also convicted and sentenced to an 18-month community correction order on the following charges, the charges being part of a series of offences that are of the same or a similar character:
(a) On related summary charge 4 – dealing with property suspected of being proceeds of crime; and
(b)On charge 2 – possessing a drug of dependence (MDMA) in respect of Indictment R10565615 and on summary charge 8 – a rolled up charge of possessing a prohibited weapon and summary charge 11 – dealing with property suspected of being the proceeds of crime.
63The community correction orders will run concurrently.
64It is a condition of the community correction orders that you be subject to supervision and undertake mental health and drug treatment and rehabilitation programs made available to you. You should be aware that if you breach the order by offending that is punishable by imprisonment or by failing to comply with the conditions of the orders, you may be resentenced. I also intend to judicially monitor your compliance with the orders, at least initially.
65Finally, on summary charge 9 - driving unlicensed, you are convicted and fined $200.
66Had you not pleaded guilty, pursuant to 6AAA of the Sentencing Act 1991, I indicate that the sentence I would otherwise have imposed is a total effective sentence of imprisonment of one year, combined with a 24-month community correction order.
67I make the forfeiture and disposal orders sought by the prosecution, noting they are not opposed.
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