R v Tamara Linda Terrens

In the matter of R v Tamara Linda Terrens, the defendant was charged with the supply of a prohibited drug, 4-Bromo-2,5-dimethoxyphenethylamine, in a quantity not less than the large commercial quantity, as defined under the Drug Misuse and Trafficking Act 1985 (NSW). The case was heard and determined by a judge alone in the Local Court of New South Wales. The primary dispute centred on whether the defendant was in possession of the drugs for the purpose of supply and whether the quantity of the drug met the threshold for the large commercial quantity.

The legal issues before the court included whether the Crown had proven beyond reasonable doubt that the defendant was in possession of the drug with the intent to supply, and whether the quantity of the drug constituted not less than the large commercial quantity. The court had to consider the evidence of the circumstances of the discovery of the drugs, including their location, packaging, and quantity, as well as the deeming provisions under section 29 of the Drug Misuse and Trafficking Act. The defendant maintained that the drugs were for her personal use and that she had no knowledge of their presence or quantity.

The court found that the Crown had successfully discharged its onus of proving each element of the charge beyond reasonable doubt. The analysis of the drugs confirmed a significant quantity, and the circumstances of their discovery, including the packaging and the presence of money and communication devices, supported the inference that the drugs were intended for supply. The court noted that the accused had no reasonable explanation for the presence of the drugs or the other items found in her possession. Consequently, the court found the defendant guilty on the charge of supplying a prohibited drug in a large commercial quantity.

The court ordered that Tamara Linda Terrens be found guilty on Count 1 of the indictment for supplying 4-Bromo-2,5-dimethoxyphenethylamine in a quantity not less than the large commercial quantity, as defined under the Drug Misuse and Trafficking Act 1985 (NSW). The court's decision was based on the evidence and the applicable legal standards, affirming the prosecution's case and rejecting the defence's submissions.