Kate Ellen Simmonds pleads guilty in Warwick Magistrates Court to multiple drug offences
A Warwick woman facing multiple drug charges has been slammed by a magistrate for feigning ignorance on the legality of growing her own cannabis.
Police & Courts
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A Warwick mum has been slammed by a magistrate during her appearance in court after she claimed to not know growing cannabis was against the law.
Warwick woman Kate Ellen Simmonds appeared in Warwick Magistrates Court on Monday where she pleaded guilty to seven charges ranging from drug possession, driving under the influence of drugs and producing drugs.
On May 25, the 40-year-old mother was caught being in possession of 3g of cannabis during a random traffic stop, which ultimately led to her testing positive to having cannabis and methylamphetamine present in her saliva.
Simmonds told police at the scene the cannabis found was hers and that she had purchased it to smoke later.
The court was told Simmonds then failed to provide her identifying particulars as directed by police which led to a contravening direction charge on September 21.
On October 13, a search warrant on Simmonds’ home was executed after something was identified by Australia Post.
The court was told police found five cannabis plants in an upstairs room at the address, which Simmonds lead them to saying they were “hemp plants”.
Simmonds told the police: “I didn’t know growing cannabis was illegal”.
The search of the house continued, revealing Simmonds had 10 bags of cannabis totalling 18.5g on her person, while other containers were found containing the drug.
The search also turned up three electronic scales and a pipe used to smoke the drug.
Defence lawyer Claire Hine told the court Simmonds was previously employed as a swimming instructor and dog groomer for many years.
“She is a drug addict, her addiction began 15 years ago when she ruptured a disc in her back and was prescribed oxycodone, at the height of her addiction she was using ice, heroin and cannabis,” Ms Hine said.
A doctor wrote to the magistrate believing that she could become sober and has reached that point in her recovery journey.
Magistrate Virginia Sturgess slammed her claim she didn’t know what she was doing was wrong, saying, “that seems surprising given your history”.
“You have been convicted of producing dangerous drugs in the past, a imprisonment order is on the table for you,” Ms Sturgess said.
“You know it’s unlawful, you’ve been before this court before, you certainly cannot grow your own cannabis, it might seem attractive to do so you don’t have to deal with drug dealers for example, but you cannot do that.
“Your criminal history shows a long standing drug problem, you were first convicted of drug offences in 2004. You are using a significant amount of cannabis, drug addiction is not something you can cure overnight.
“Rehabilitation is clearly a very important sentencing factor as well as deterrence.”
Simmonds was released on a two year probation order and suspended from driving for six months.