R v Di Bitonto

Emma Maree Di Bitonto was convicted of trafficking in a quantity of 3, 4- methylenedioxymethylamphetamine and the matter came before the Supreme Court of the Australian Capital Territory for sentencing. The legal issues before the court were the appropriate sentence for the offence and the conditions that should be attached to any suspended sentence. The court considered the offence to be serious but recognised that Ms Di Bitonto had no prior criminal record, and had pleaded guilty at the earliest opportunity. The court also considered that there were substantial and compelling circumstances that justified the imposition of a non-parole period that was less than half of the maximum penalty. The court held that a suspended sentence was appropriate and ordered that the sentence be suspended for 12 months. The court also ordered that Ms Di Bitonto be required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for 12 months. The conditions of the order included that Ms Di Bitonto be under the supervision of the Director-General or her delegate for a period of 12 months and obey all reasonable directions of the person supervising her, including as to drug rehabilitation, and continue counselling with Dr Meredith Whiting and Ms Sarah Gosper for the period they reasonably consider is appropriate.