R v Selena Jahnsen

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Selena Jahnsen [2016] NSWDC 158
Hearing dates:	28 July 2016
Decision date:	05 August 2016
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	For orders see [44]
Catchwords:	Deemed supply of methylamphetamine; full-time custodial sentence; offender referred for assessment 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 PAK v R [2015] NSWCCA 45 R v Cacciola (1998) 104 ACrimR 178 R v Clarke NSWCCA unreported, 15 March 1990 R v Gu [2006] NSWCCA 104 R v Dodd (1991) 57 ACrimR 349 R v Wong [1999] NSWCCA 420 Youssef v R [2014] NSWCCA 285
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Selena Jahnsen (Offender)
Representation:	Counsel: S Schaudin (Offender)   Solicitors: N Rastovic (Crown)
File Number(s):	15/350240
Publication restriction:	Nil

REMARKS ON SENTENCE

1. The offender was committed for sentence on 22 March 2016 from Taree Local Court. She entered a plea of guilty at the earliest opportunity to one count of deemed supply of methylamphetamine pursuant to s 25(1) of the Drug Misuse and Trafficking Act 1985 (“the DMTA”).

2. The offence carries a maximum penalty of 15 years and/or 2,000 penalty units. There is no standard non-parole period prescribed.

3. The offender has asked that two matters be taken into account on a Form 1. Those offences are as follows:

1. Supply prohibited drug (3.4 grams methylamphetamine).

2. Goods suspected stolen in premises ($3,800.00).

4. The offender was arrested on 27 November 2015 and spent one day in custody before her release on bail.

The Sentence Hearing

5. The Crown bundle became Ex A on the sentence hearing. It contained a Statement of Agreed Facts which outlined first, the circumstances of the first offence on the Form 1 of supply methylamphetamine (3.4 grams), which informs the deemed supply charge. A fair summary of those facts is that on 27 November 2015, the offender supplied another person with 3.4 grams of methylamphetamine of 78.5% purity, packaged in a plastic resealable bag, and hidden inside the removed finger of a blue rubber glove. Police arrested that person and seized a mobile phone, whereby the offender’s data, including text messages, were identified.

6. Later that day, Police executed a search warrant at the offender’s home. The offender was cautioned and admitted she was in possession of one gram of methylamphetamine in her en-suite bathroom. Also located in that bathroom were the follow indicia of drug supply:

• A set of digital scales.

• A large number of small plastic resealable bags.

• A number of glass pipes and related paraphernalia.

• A number of syringes (both opened and packaged).

7. In other areas of the house the Police located the following:

• A number of blue rubber gloves (some with fingers removed).

• Further syringes, glass pipes and related paraphernalia.

• The offender’s mobile phone (subsequent analysis revealed a number of messages relating to supply prohibited drugs).

• A small black lock box containing $3,800.00.

• A tick list.

• 18.37 grams…