Judge tells meth-dealing mother her baby is 'more important than drugs'
The birth of her baby has saved a repeat drug offender from prison, despite her refusal to give police access to her phone over OnlyFans content.
A young mother who refused to unlock her phone for police because it contained OnlyFans content has avoided more time behind bars after admitting to supplying methamphetamine.
Katy Lee Gardner appeared in Mackay District Court charged with suppling drugs, possessing drugs, and failing to give police the code to her phone.
The court heard Gardner’s offending came to light via a phone intercept during a police operation in which someone else was a target.
The 28-year-old supplied half balls of methamphetamine for $500 on two occasions in July 2024 at the request of that person.
Gardner was also caught in possession of two grams methamphetamine and six grams of cannabis after she returned a rental car but left a zip bag in the vehicle.
A warrant was issued in October 2024 and police searched her home locating a pipe and a mobile phone linked to the supply charges.
Gardner refused to give police the pin to her phone with her reasoning being that she had OnlyFans content on the phone.
She was arrested and remained in custody for 144 days.
The court heard the offences were committed while she was subject to a parole order and she had a three-page criminal history beginning in 2022 filled with similar offending including possessing commercial quantities of schedule 1 drugs and contravening an order about device information.
The offending was aggravated by the fact she committed more offences within five months of her Supreme Court sentences.
It was heard reports showed she declined intervention, stating she did not believe her drug use was problematic.
Prosecution said it was appropriate in these circumstances for her to spend time in custody and the fact that she was a breastfeeding mother should not be given undue weight.
Justice Philip McCarthy KC said while he would not suggest anyone who was pregnant or had a baby could not be placed in custody, it could not be an ideal situation to place a child in custody.
“It cannot be the ideal circumstance for bringing a child up, I know there’s academic findings on that but I don’t think I need academic reports, it’s a matter of common sense that anyone in the community would recognise, that that’s not ideal,” he said.
He took into account that she had already spent time in custody as well are her sole care responsibilities.
“She perhaps has had the most important thing happen in her life to prevent her from taking drugs, she’s had a baby,” he said.
“Drug users are drug users, it’s a battle, and I’m sure Ms Gardner will recognise she has that battle for the rest of her life.
“She’s just been given an opportunity in the birth of her child to have a recognition that there is something more important in her life than drugs and that is her child.
“It may be an appropriate sentencing reduction to take further into account her sole care responsibilities.”
He said it was important that she had supervision, as there were going to be challenges and temptations in her way.
“Child rearing is not all roses, I don’t think anyone in the community would say so, any challenge in her life may see her tempted to go back towards using drugs as an avenue for relieving her of challenges so she will need some support in the community,” he said.
The court heard Gardner was sorry and ashamed for her descent back into drug use and offending.
Gardner pleaded guilty to two counts of supplying schedule 1 drugs, two counts of possessing dangerous drugs, possessing utensils, and contravening an order about information necessary to access information stored electronically.
She was sentenced to 19 months imprisonment wholly suspended for an operational period of two years and placed on probation for 18 months.
Justice McCarthy noted he had not declared time served in pre-sentence custody but it was taken into account.
Convictions were recorded.
