R v Stephen-Biles

District Court

New South Wales

Medium Neutral Citation:

R v Stephen-Biles [2021] NSWDC 353

Hearing dates:

16 March 2021

Date of orders:

16 March 2021

Decision date:

16 March 2021

Jurisdiction:

Criminal

Before:

M L Williams SC DCJ

Decision:

I impose an aggregate term of imprisonment of two years, 3 months. Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 the sentence is to be served by way of an intensive corrections order: at [36].

Catchwords:

SENTENCING — Mitigating factors — Plea of guilty — No record of previous convictions — Good character — Remorse — RehabilitationSENTENCING — Penalties — Intensive correction orders

SENTENCING — Relevant factors on sentence — Form 1 offences — General principles — Maximum penalty — Multiple offences — Objective seriousness — Purposes of sentencing

SENTENCING — Subjective considerations on sentence — Special circumstances

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

DrugMisuse and Trafficking Act1985

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146

Jadron v The Queen [2015] NSWCCA

R v Fangaloka [2019] NSWCCA 173

Wany v DPP [2020] NSWCA 318

Category:

Sentence

Parties:

Regina (Office of the Director of Public Prosecutions)

Tara Stephen-Biles (Offender)

Representation:

Ms M Hughes (Solicitor for the Office of the Director of Public Prosecutions)

Mr P Townsend (Solicitor for the Offender)

File Number(s):

2020/140904

Judgment

1. Tara Stephens‑Biles is almost 30 years of age and as Dr Furst accurately describes the situation, she does not have a history of prior criminal offending but she does have an unfortunate history of choosing undesirable and/or criminally orientated partners. She presents as a refreshingly open, caring and engaging individual who is concerned about her children’s welfare. She does not have a major mental illness and does not appear to have a personality disorder and she has good prospects of being successfully rehabilitated.

2. She appears for sentence having got involved at the request of her former partner in serious drug supply activities. She pleads guilty to the following offences

1. Sequence 2 of supply of a prohibited drug of not less than the commercial quantity, namely 330.2g of methylamphetamine, contrary to s 25(2) of the DrugMisuse and Trafficking Act1985. The offence carries a maximum penalty of 20 years imprisonment, with a ten year standard non-parole period. To be taken into account of a Form 1 attached to sequence 2 is an offence of supplying a prohibited drug, namely methylamphetamine between 14 April and 11 May 2020 contrary to s 25(1) of the DrugMisuse and Trafficking Act1985. The only information as to the quantity of drugs involved is an assertion that 14 grams of methylamphetamine was supplied on one occasion.

2. Sequence 7 of supply a prohibited drug, namely 4489.3g of cannabis, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985. The offence carries a maximum penalty of 15 years imprisonment of with no standard non-parole period.

3. Those terms of imprisonment are important…