Nelson Mail

Appeal over sentence for meth dealing dismissed

- Samantha Gee

A woman convicted of dealing methamphet­amine has had an appeal of her sentence dismissed.

Deborah Marie Satherley was found guilty at a trial in the Nelson District Court in April 2018 on charges of possessing meth for supply, possessing cannabis, obstructin­g police and unlawful possession of a restricted weapon.

She was sentenced to three years and three months prison by Judge Arthur Tompkins in June 2018.

Satherley filed an appeal last December, more than a year out of time.

The case was heard by Justice Christine French, Justice Robert Dobson and Justice Gerard Nation on Wednesday.

In a judgement given by Justice Nation, the appeal was dismissed.

Satherley thought her trial lawyer, then another lawyer that took over her case would be filing an appeal after her sentencing and an applicatio­n for legal aid further resulted in a further delay.

The Court of Appeal granted the applicatio­n for an extension of time.

In December 2016, Satherley’s home was searched by police and 18 grams of methamphet­amine was found divided between a number of snaplock bags and pill containers.

More methamphet­amine was found in her handbag, along with straws for consuming the drug and a notebook containing a ‘‘ticklist’’ that had details of transactio­ns totalling $157,925 and references to weights such as ‘‘half oz’’.

Electronic scales, CCTV cameras showing the entrance to the house, 28 grams of cannabis and a taser were also found at her address.

At trial, Satherley claimed that the methamphet­amine had been brought to her home by an associate, and she had only seen it when police arrived.

She claimed the cannabis belonged to a friend who sometimes stayed with her.

Under cross-examinatio­n, she accepted the meth found at her address had a street value of $21,000 and her notebook contained evidence of drug deals, but they didn’t involve her.

At sentencing, Judge Tompkins arrived at a starting point of four years prison and added three months for Satherley’s previous conviction­s and three months for the taser charge.

He gave her a credit of one year for time spent on EM bail and a further three months’ credit for ‘‘compassion­ate’’ matters in relation to the support she had provided to others.

Defence counsel Donald Matthews said a starting point of three years six months would have been appropriat­e given the quantity of meth involved and when compared to other cases that had come before the Court of Appeal.

The judgement said the quantity involved, together with the circumstan­ces of the offending, justified a starting point of four years.

Satherley has previous conviction­s for drug offending.

In 2005, she was sentenced to community work for possession of meth.

In 2011, she was sentenced for community detention on a number of charges including possession of cannabis.

In 2012, she was sentenced to home detention for various drug offences including possession of utensils for the use of methamphet­amine.

She was sentenced in January 2013 to two years’ imprisonme­nt for dealing ecstasy, methamphet­amine and amphetamin­e, and offering to supply cannabis and Ritalin in 2011.

A report from Nelson Hospital’s addiction service said Satherley had a history of substance-related offending.

She had denied using meth since 2012 but a urine test in 2016 had detected it.

The Department of Correction­s said Satherley’s risk of reoffendin­g was high and she ‘‘continued to minimise her involvemen­t in the offending and to apportion blame to others’’.

Justice Nation said the court had not been persuaded that the starting point adopted for the meth offending was in error or that the final sentence was manifestly excessive.

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