Pregnant woman Soraya Louise Constant fails in bid to avoid prison over drugs offences

A PREGNANT, two-time drug trafficker will give birth to her second child in jail and spend at least 18 months away from her eldest child after failing in her bid to avoid imprisonment.

Soraya Louise Constant is appealing for a suspended sentence for her drug trafficking convictions. Source: Facebook.

A PREGNANT, two-time drug trafficker will give birth to her second child in jail and spend at least 18 months away from her eldest child after failing in her bid to avoid imprisonment.

Soraya Louise Constant had asked the District Court for mercy, fearing her children would likely repeat her criminal mistakes if they were separated by prison walls.

On Monday, however, Judge Paul Cuthbertson said there was nothing exceptional about Constant’s circumstances to warrant suspension of her three-year, 10-month sentence.

Constant, who is 15 weeks pregnant, her partner and family wept as Judge Cuthbertson criticised the state’s prison system, which does not allow children to stay in custody with their mothers.

“This state’s current position in relation to catering for incarcerated mothers with young children is undoubtedly inadequate,” he said.

“It’s to be noted that SA is the only state in Australia that does not provide for a mother to have their infant children with them in custody in appropriate cases.

“One might have thought (having) a young child in prison would promote rehabilitation in a prisoner and even in other prisoners who might assist in the performing of the duties of looking after young children.”

Outside court, Constant’s barrister, Heather Stokes, said she intended to lodge an appeal and argue her client’s case was exceptional.

She said imprisonment placed undue hardship on both the unborn child and Constant’s daughter.

“Another child is going to be born and will be, for the next 18 months probably, without a mother,” she said.

“Any mother will tell you that’s not on.”

Soraya Louise Constant outside the District Court.

Constant, 30, pleaded guilty to six counts of attempting to import a marketable quantity of pseudoephedrine, a chemical used in the production of amphetamines.

The offences occurred at St Peters and Woodville North between March 2013 and January 2014.

She used multiple aliases, and websites including eBay, to purchase medications from the UK, Europe and Canada that could be used to produce amphetamines.

Constant, who was then a drug user, would pass the medications on to another person and receive 50 per cent of the amphetamine produced in return.

She continued to attempt to import the medications even after several shipments were seized and Customs officers issued her with a warning letter.

In total, Constant attempted to import 107g of pseudoephedrine capable of producing 102g of amphetamine that, at the time, had a street value of $102,000.

Her offending breached a suspended sentence she was already serving for trafficking in a commercial quantity of a controlled drug, in September 2008, at Taperoo.

In January, she asked the court for mercy because jail would separate her from her eldest child, who is 18 months old.

She said SA law did not allow for mothers to keep dependant infants in prison with them as happens in other states.

Prison authorities confirmed this in court but insisted it was better to keep mothers out of jail “in the first place” through home detention programs.

On Monday, Judge Cuthbertson said he had given careful consideration to all of the evidence.

He was, however, satisfied that Constant’s partner — father of the child that is yet to be born — and family would care and provide for both children while she was in jail.

“Unfortunately, serious offending of this nature can significantly impact upon the dependants of offenders,” he said.

“This is unfortunately an unavoidable consequence of serious offences committed by parents with children ... your offending was premeditated and calculated.”

Judge Cuthbertson activated Constant’s prior suspended sentence and ordered she serve at least 18 months before being released on a two-year bond.

Outside court, Ms Stokes said she doubted the State Government would take heed of Judge Cuthbertson’s comments.

“If we have to rely on politicians, then God help us — and I don’t believe in He, She or It,” she said.

“I doubt the politicians will pay it any more attention than the two minutes it’s broadcast (on TV news stations).”

In a statement, a spokesman from the Department for Correctional Services said every effort was made to ensure primary caregivers could complete their sentence in the community but “in this particular case, the individual reoffended while on a community based order.”

“It is a matter for the court to determine whether a custodial penalty is warranted and the sentence of 3 years and 10 months reflects the seriousness of the reoffending.

“The Department for Correctional Services continues to progress a range of strategies around accommodating mothers and their children that include a mix of parenting programs, child/family reunification programs and increased visits access.

“One such example is the 24 beds for women recently commissioned at the Adelaide Pre-Release Centre.

“Women accommodated here are able to have visits 6 days per week and as they progress through the system and demonstrate good behaviour can participate in other reunification programs such as weekend stays for appropriate, low security offenders.”

Follow @SeanFewster