R v Lenon

[2019] NSWDC 169

District Court

New South Wales

Medium Neutral Citation:	R v Lenon [2019] NSWDC 169
Hearing dates:	14 January 2019
Date of orders:	14 January 2019
Decision date:	14 January 2019
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	Community Correction Order for a period of 2 years: at [7].
Catchwords:	SENTENCING – supply indictable quantity – cocaine – single offence – s 5 threshold not crossed
Legislation Cited:	Crime (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
Cases Cited:	R v Parente [2017] NSWCCA 284
Texts Cited:	Nil
Category:	Sentence
Parties:	Regina (Crown)   Katrina Lenon (Offender)
Representation:	Mr Nievas (Crown)   Mr Dib (Offender)
File Number(s):	2017/24311
Publication restriction:	Nil

Judgment

1. Katrina Lenon, born in 1991, pleads guilty to one count of contravening s 25 of the Drug Misuse and Trafficking Act 1985 of supplying indictable quantity, being 27 grams of cocaine. The offence carries a maximum penalty of 15 years imprisonment with no standard non‑parole period.

2. There is no contest that it was an early plea.

3. She was picked up on 24 January when police pulled over a car being driven by her then boyfriend. The cocaine was found in her possession in a number of bags. On a mobile phone there were text messages between her and Devlin relating to Devlin’s sale of drugs in which she told him to stop selling. I am told that Devlin has been dealt with for other matters.

4. Her record has not yet involved any custody. She has been dealt with for assault officer in 2013 and a community service order was completed involving some poor performance and a warning but she did 200 hours. She has possession charges on four instances including two since this offending in 2017 dealt with by fines in the magistrate’s court.

5. She has, according to the evidence, taken steps to address her drug addiction including lengthy rehabilitation programs as set out in the evidence tendered on her behalf. I accept her expressions of remorse and regret as set out in those documents. Her mother has given evidence which provides the Court with some comfort as to her continued support in the event that a term of full‑time custody is not imposed.

6. The Crown’s submissions very helpfully summarise the applicable principles of sentencing and the affirmation of the correct approach to sentencing set out in R v Parente [2017] NSWCCA 284. The ultimate debate is whether the threshold under s 5 of the Crime (Sentencing Procedure) Act 1999 has been crossed. The Crown’s submission is that there being nine times the trafficable quantity, together with the other indicia, the threshold has been crossed. Mr Dib, for the offender, submits to the contrary, and urges the Court to impose community service. I have taken into account what the Crown correctly submits as to objective seriousness, namely that she had the cocaine secreted, it was found in a number of tightly sealed bags, and it was significantly in excess of the trafficable and the indictable quantity.

7. There has been a Pre-Sentence Report and an updated Sentencing Assessment Report which shows that community service would be appropriate if there was some stability of residence. I have ultimately been persuaded that it is a case in which the s 5 threshold has not been crossed and the matter should be dealt with by s 8 Community Corrections Order for a period of two years. The orders that I make are:

1. The offender is convicted of the offence.

2. Pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999, I order the offender to comply with a community correction order for a period of 2 years commencing today.

3. The conditions to apply during the term of the order are as follows:

STANDARD CONDITIONS

1. You must not commit any offence.

2. Appear before court if called upon to do so at any time.

ADDITIONAL CONDITIONS

1. Undertake 200 hours of community service work.

2. The offender is to be placed under the supervision and guidance of the Community Corrective Services for as long as that Service deems necessary or desirable, but not exceeding the term of the order and the offender is to obey all reasonable directions of that Service (including any direction or instructions to undertake examination, assessment, therapy, treatment, counselling or urinalysis) whilst under supervision and guidance;

1. Failure to comply with the conditions of the order may result in further action being taken against you. This may require you to return to court to be re-sentenced.

2. The offender is to report to the OIC at the Wagga Wagga office of CCS by 5pm, 21 January 2019.

3. The offender is to attend the Registry for finalisation of the community corrections order.

4. The back-up charges H62742770/003 and H62742770/001 are withdrawn.

**********

Decision last updated: 10 May 2019