Brown v Regina; Reid v Regina

Brown v Regina; Reid v Regina - [2006] NSWCCA 144 - NSWCCA 2006 case summary — Zoe

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19 Brown was born on 20 July 1975, and was accordingly 30 years old at the time she was sentenced. She had some criminal history which his Honour in his remarks on sentence described as minor. The parts of his Honour's remarks on sentence in which his Honour quoted or summarised parts of the pre-sentence report were as follows: "Ms Brown was born in Yass and is the eldest of four children. She reported that when she was seven years old her mother left the family home and that she and her sister were reared by her father and her paternal grandmother. Ms Brown's mother remarried and this union produced two children. Ms Brown reported that her half brother died when he was fifteen years old as a result of a heroin overdose. Ms Brown reported that she has a close relationship with both her father and mother. According to Ms Brown, her father was an honest man and she stated that she was raised with strict moral and ethical values. However, she stated that she has not told her father of her current offences as she was ashamed and did not want to disappoint him. Contact with Ms Brown's mother revealed that she had known that her daughter had been using drugs for years but that she was surprised that she was dealing drugs. Ms Brown has two children from a previous relationship aged thirteen and ten respectively. She has been in a relationship with her current partner [co-offender] for the past three years. There are no children from this liaison. Ms Brown completed Year 10 and commenced a Certificate Of Business Administration. However, she was unable to complete this traineeship due to having a baby. Ms Brown stated that she has not been employed since 1992. At interview, Ms Brown presented as genuinely distressed in relation to the possibility of a period of incarceration and how this will affect her children. She admitted to having a heroin addiction and that she was dealing drugs to supplement her own drug use. Ms Brown reported that she would buy a deal and then take out some for herself and then resell it so she could buy more heroin. Ms Brown reported that her partner [co-offender] had not used drugs until he met her. She expressed regret that he became a drug addict due to her negative influence on him. However, it was pointed out to Ms Brown that her partner was an active participant in the using and selling of the heroin. Ms Brown stated that she last used heroin in January 2005 and that she used at least 3 times after her arrest in September 2004. At interview, Ms Brown was adamant that she had not used in the past 6 months. However, Ms Brown failed to acknowledge that had her drug dealing not been intercepted by police she would have more than likely still be using and dealing. As to the charges of Goods In/On Premises, Ms Brown admitted that she knew the boys clothing was stolen goods and that she bought them from her sister. As to the charge of the Proof of Age card, Ms Brown stated that she found the card in the street and had intended to take it to the shop where she had found the card outside on the pavement. Ms Brown reported that she commenced using cannabis at the age of nineteen and progressed to using amphetamines and then heroin. Ms Brown stated that she used to use heroin three times a day. She noted that she ceased using heroin when the relationship with her defacto terminated in 2001. She stated that she was 'clean' for 2 years and relapsed back to her heroin use when she was offered a 'free shot' from her then girlfriend. Ms Brown reported that she immediately reverted to her significant heroin addiction and began dealing to supplement her income to enable her to purchase more heroin for her own use. She is currently on the Methadone Program of 60 mls a day and is intending to decrease this prescribed dosage to enable her to commence on the Buprenorphine Program. Contact with the Merit Program confirmed that Ms Brown had attended their program and completed a Relapse Prevention Program. Contact with the Killard Centre confirmed that Ms Brown attends the Methadone Clinic every day and that out of seven urine tests only one returned a positive for heroin on 08/01/2005. Ms Brown intends to decrease her Methadone dose to enable her to commence the Buprenorphine Program in the near future. It was reported that Ms Brown has, since her first appointment on 17/11/2004, presented as less angry and with improved communication skills. Ms Brown reported that she had been dealing heroin to support her own heroin addiction. She stated that she was using heroin up to three times a day". 20 In his remarks on sentence in sentencing Reid, Judge Maguire quoted, or summarised parts of a pre-sentence report dated 18 July 2005, prepared by a probation and parole officer Ms Skinner, in which some of the subjective circumstances of Reid were set out. His Honour also made other findings in his remarks on sentence about the subjective circumstances of Reid.

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21 Reid was born on 29 May 1978 and was accordingly 27 years old at the time he was sentenced. The parts of his Honour's remarks on sentence in which his Honour quoted or summarised parts of the pre-sentence report were as follows: "Mr Reid first came into contact with this Service in October 1996 when he received a supervised good behaviour bond from Queanbeyan Children's Court for assault occasioning actual bodily harm. Mr Reid was supervised throughout those 12 months and reportedly responded in a satisfactory manner. He next came into contact during the preparation of a pre-sentence report in August 2000 for assault police, assault occasioning actual bodily harm and an unrelated shoplifting. He was apparently extremely intoxicated with liquor at the time. He received three concurrent 18 month custodial sentences with six months non-parole in October 2000 for these offences. On his release in April 2001 his case management focused on his alcohol intake and cannabis use with some purported success. His main goal was to obtain work and in early 2002 he began employment as a trainee at a New South Wales Government Department in Queanbeyan. At the time of the end of his supervision it was noted that he did very well. During the preparation of this report Mr Reid has been involved with the Merit Team, Alcohol and Drug Services, Methadone Program and this Services' Aboriginal Client Service Officer. He has reported satisfactorily although not always as scheduled. Identifying as Aboriginal Mr Reid is the eldest of two boys to his mother. He first remembered meeting his father at about the age of five, however, he claimed that at that time his father sexually molested him. His mother remarked at the time her son stated he never wanted to go back to his father but apparently she did not know of the molestation allegation. Mr Reid stated that he next met his father at the age of 16 when his father came back into his life ostensibly to help his son get back on track after he'd got into some trouble as a juvenile. This arrangement apparently did not work. Mr Reid describing his father as a stranger who he never connected to and within 12 months his father is reported to have disappeared from his life. Mr Reid described his relationship with his mother as difficult stating that when he was growing up she used to beat him sometimes with an electric cord to the point of bleeding. His relationship with his brother appears to also have been violent with some incidents of violence that involved the police. The mother stated that she was disappointed and angry at her son's offending behaviour and that she had not brought Hadley up to do things like that. She said he had no male role models throughout his childhood. He is in a four year relationship with the co-offender. He has no children of his own, however his partner has two children who live with them. He finished Year 11 at High School in 1995. He had a fairly good work record prior to his illicit drug use". He presented as a young man with a history of some drug and alcohol abuse. He has taken steps to address that use and seems motivated to gain work and skills that are employable. His relationship with the co-offender continues and that appears to be a support to remain free of future drug use and offending behaviour". 22 In this judgment reference has already been made to some of the subjective circumstances of each of the applicants. However, only passing reference has been made to the subjective matters which were the focus of most of the argument on the two applications.

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