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District Court 17 April 2026

R v Barbour

[2026] NSWDC 97

Drugs
CRIME — DRUG OFFENCES — ONGOING SUPPLY

Citation: [2026] NSWDC 97
Court: District Court of New South Wales
Date: 17 April 2026
Judge(s): Scotting DCJ

Background

The offender, a 38-year-old woman, pleaded guilty in the Local Court to two counts of ongoing supply of methylamphetamine contrary to s 25A(1) of the Drug Misuse and Trafficking Act 1985, each carrying a maximum penalty of 20 years' imprisonment. She also asked the Court to take into account a further count of ongoing supply on a Form 1.

The offences were uncovered through Strike Force Wipeout, a police investigation into methylamphetamine supply in Sydney's Inner West commencing in June 2023. The offender was identified as a street-level dealer supplying small quantities — generally between 0.1 and 3.5 grams — of methylamphetamine to a network of approximately 30 customers, some of whom were drug users and others street-level suppliers. She purchased her stock from two upline suppliers and conducted sales via phone, directing customers to locations near her home for collection, and occasionally using runners or rideshare services for delivery.

Across the three periods of offending (4 July to 20 September 2023), the offender made a total of 333 individual supplies amounting to approximately 123.95 grams of methylamphetamine. She charged roughly $50 per 0.1 gram, having purchased her supply at approximately $20 per 0.1 gram. When arrested on 21 September 2023, police located resealable bags, a drug ledger, scales, and calculators in her bedroom. She declined to answer questions in her police interview.

  • What was the appropriate sentence for two counts of ongoing supply of methylamphetamine (with one further count on a Form 1), given the offender's early guilty plea, personal circumstances, and criminal history?
  • What weight should be given to the offender's rehabilitation efforts, including completion of a residential drug treatment program, her role as full-time carer for her mother with dementia, and her assessed risk of reoffending?
  • What discount was applicable for the offender's early guilty plea entered in the Local Court?
  • How should the Court assess the objective seriousness of the offending, including the volume, frequency, and commercial nature of the supply?

Decision

Note: The judgment text available was truncated, meaning the final sentencing remarks, assessment of objective seriousness, and the precise sentences imposed were not included in the material provided. The following summarises the Court's reasoning to the extent it is discernible from the available text.

Scotting DCJ applied the standard sentencing framework under ss 3A and 21A of the Crimes (Sentencing Procedure) Act 1999, having regard to the purposes of sentencing and the aggravating and mitigating factors. His Honour applied the Olbrich standard for fact-finding: adverse findings were made beyond reasonable doubt and favourable findings on the balance of probabilities.

The offender received a 25% discount on sentence for her early guilty plea entered in the Local Court, pursuant to s 25D(2)(a) of the Crimes (Sentencing Procedure) Act 1999.

The Court considered extensive subjective material. The offender had a troubled upbringing involving domestic violence, disrupted schooling, and a long history of drug addiction beginning with cannabis at 16 and progressing to methylamphetamine at 28. She reported that her drug use escalated after a Bell's Palsy diagnosis near her 21st birthday, which caused significant psychological distress and social withdrawal. She stated that she began selling drugs to fund her own use rather than for financial profit.

Significantly, since her arrest the offender had completed a three-month residential rehabilitation program with We Help Ourselves (WHOS), followed by a year of outpatient care, and had assumed a full-time caring role for her mother who has been diagnosed with dementia. A Sentencing Assessment Report assessed her as "Medium to Low" risk of reoffending. A psychological report from Mindways was also before the Court. However, the Court noted the offender's mixed history of compliance with supervision — she had been breached three times during a prior Intensive Corrections Order (2019–2021) for reoffending, although she completed a subsequent Community Corrections Order without breach. The SAR also observed that while the offender showed insight into the impact of her offending on those close to her, she had not demonstrated a full understanding of the broader community harm caused by drug supply.

Because the judgment text was truncated, the precise sentences imposed — including the head sentence, any non-parole period, and the type of order made — are not available from the material reviewed. Practitioners should consult the full published judgment for the Court's final orders.

Orders Made

  • The specific orders made by the Court are not available from the truncated judgment text. Readers should refer to the full decision on NSW Caselaw for the sentences imposed.

Key Takeaways

  • Section 25A of the Drug Misuse and Trafficking Act 1985 captured the offender's 333 individual supplies over approximately 11 weeks as a serious ongoing supply offence, with each count carrying a maximum penalty of 20 years' imprisonment, illustrating how persistent street-level dealing falls squarely within the provision's reach.

  • The District Court accepted the offender's completion of residential rehabilitation, transition to outpatient care, and assumption of a caring role as evidence of genuine reform, while also weighing her mixed history of compliance with earlier supervisory orders, treating the rehabilitation evidence as significant but not determinative.

  • A full 25% discount was applied under s 25D of the Crimes (Sentencing Procedure) Act 1999 for the offender's guilty plea entered at the earliest opportunity in the Local Court, confirming the statutory significance of that discount for early pleas.

  • Detailed psychological reports, rehabilitation program records, and evidence of caring responsibilities were tendered by the offender's legal team, and the Court considered this breadth of documented subjective material in arriving at its assessment of the appropriate sentence.

  • While the "Medium to Low" LSI-R risk assessment and Community Corrections' recommendations for ongoing supervision informed the sentencing exercise, the District Court conducted its own independent evaluation of objective seriousness and sentencing purposes, confirming that risk assessment tools are relevant but do not dictate the outcome.

Legislation and Cases Referenced

Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 25D(2)(a)
- Drug Misuse and Trafficking Act 1985 (NSW), s 25A(1)

Cases:
- R v Olbrich (1999) 199 CLR 270
- Mandranis v R [2021] NSWCCA 97
- R v Qi [2019] NSWCCA 73
- Wany v DPP [2020] NSWCA 318