Jakara Jae Coutts faces jail sentence for refusing cops access to phone
A Queensland woman who refused to give access to her iPhone to police investigating the suspected supply of drugs in jail has been warned the ‘very serious offence’ could see her facing harsh penalties.
Warwick
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A Warwick woman has been told she could be staring down the barrel of a jail sentence, after she refused to give her phone passcode to police investigating a suspected prison drug supply.
Warwick Magistrates Court was told Jakara Jae Coutts had her phone seized by police on February 17 on suspicion it contained information about the alleged crime.
Sergeant Andrew Grafton told the court Coutts refused an order to unlock the phone “for no reasonable reason”.
Duty lawyer Sarah Campbell said the 27-year-old acted “out of principle”.
“Your Honour, she has no history and ultimately instructs that she objected to the order out of principle,” Ms Campbell said.
“She didn't understand the foundation of the order and while she is adamant nothing will be found, she just felt it was a breach of her privacy.”
Ms Campbell said the mother of two pleaded guilty at an early stage and a fine would be an appropriate penalty, but magistrate Virginia Sturgess said the offence was very serious and could warrant a jail term.
Ms Sturgess said the offence attracted significant punishments, which were designed to ensure the legislation did not become “a toothless paper tiger”.
“There are Court of Appeal authorities in relation to this offence. It is a serious offence and it involves the failure to comply with a court order,” she said.
“It needs to take into account general deterrence and denunciation, and imprisonment orders are well within range.”
Ms Sturgess said similar matters had seen sentences of up to 12 months’ jail imposed.
Ms Campbell told the court she would need time to consider the matter further and asked for the matter to be adjourned, with Ms Sturgess in agreement.
“I don’t think we can underestimate the serious nature of the offence,” Ms Sturgess said.
The offence of contravening an order to access information carries a maximum penalty of five years’ jail.
Coutts’ matter was adjourned to April 24.
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