Facts:
LXY was initially charged with:
- resisting an officer in execution of duty,
- assaulting a police officer in execution of duty without ABH,
- disposing motor vehicle as part of theft,
- suspected stolen goods in personal custody,
- possessing identity information with intention to commit an indictable offences,
- deal with identity information to commit an indictable offence,
- information possessing unregistered firearm,
- possessing unauthorised firearm,
- knowingly participate in a criminal group and
- failure to appear in accordance with bail acknowledgment.
As part of a surveillance operation, police intercepted a conversation between LXY and one of her co-accused discussing the the sale of methyl amphetamines and, the activation of and changing PINs on stolen credit cards. Further surveillance recorded conversation about disposing a stolen motor vehicle. After meeting up with other co-accused at a McDonald’s restaurant, LXY accompanied all the co-accused to a wreckers where one of them negotiated the sale of the stolen car whilst LXY waited in another nearby vehicle. LXY demanded $250 from the remuneration of the vehicle and stated her intention to withdraw $4500 from the stolen credit cards.
LXY then split up from the others with one of the accused where they were intercepted by police. They managed to evade arrest and was tracked down to a men’s wear store. Police searched LXY and seized a set of car keys and a laptop believed to be stolen based on information revealed during surveillance. LXY was then placed under arrest. LXY became highly emotional and proceeded to resist. She managed to bite an officer on the arm and finger resulting in minor wounds being inflicted on the officer. Police seized her mobile phone which revealed multiple incriminating text messages and images indicating possession of unlicensed firearms, intention of committing indictable offences and theft of identity information.
LXY was released on bail but failed to appear at her hearing as per the bail conditions set. LXY was convicted in her absence. An arrest warrant was issued and executed by police. The defence applied for annulment of the conviction under Section 4 of the Crimes (Appeal Review) Act at Bankstown Local Court.
Outcome:
The defence submitted that it was in the interest of justice for the application to be granted as LXY was not in the right state of mind when she received her release papers. She had not taken her medication for her mental health problems and was under the influence of heroin. Therefore she was unaware of her court date. The magistrate refused the application. The defence appealed to the District Court. The appeal was successful in the District Court and referred back to the Local Court for mention.
After extensive negotiations, some charges were dropped and LXY pleaded guilty to
- assaulting a police officer,
- possession of an unregistered firearm,
- possession of identity information with intent to commit an indictable offence and
- failure to appear in accordance with bail acknowledgement.
During sentencing, the defence made submissions regarding LXY’s remorse and acceptance of responsibility for her actions. Submissions were also made regarding her unlikelihood of reoffending on the basis of her improvement whilst on IDATP program and support from family members towards her rehabilitation.
On the strength of these submissions, LXY was sentenced to 16 months imprisonment with a 6 non-parole period.
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