A former topless waitress, who last year pleaded guilty to being part of a criminal enterprise to import and distribute steroids with her boyfriend, has sobbed in court after a judge told her he was strongly thinking about sending her to jail.
Nateesha Barlin, 24, and her boyfriend Dyllan Shaw, 24, who once boasted they kept the “whole (NSW) central coast” supplied with human growth hormones, appeared in the NSW District Court on Friday.
Both of them were due to be sentenced however prosecutors raised an issue with Judge Michael Bozic’s decision in June 2018 to give Barlin an Intensive Corrections Order (ICO), an alternative to a full-time jail term where a person is able to serve their sentence in the community but is subject to unannounced visits from police, curfews and other restrictions.
In June last year, Barlin submitted an emotional affidavit where she admitted to being bullied as a child for being an “ugly duckling”, which had made her “obsessed with her appearance” later in life.
In her affidavit, Barlin said she was no longer talking to the people that had been involved in the illicit drug trade and said her beauty business Luxe Lashes had put her back on the right path and given her the “clean break” she needed.
Judge Bozic took into account Barlin’s affidavit and told Gosford Local Court last year the couple’s chance of rehabilitation was high. He found Barlin especially had shown remorse.
But less than a month after Barlin tendered her affidavit to the court, the Crown sent three police officers, working as undercover operatives, into the central coast gym world.
In one recorded conversation from July 22, 2018, Barlin allegedly discussed money and her annoyance at the police bust.
“It’s just annoying because what Dyllan has got going on at the moment is really good. He’s moving about 2kg a week. We are making 50k a week … that’s what I mean we are making a lot of money,” she allegedly said.
The evidence tendered by the Crown, including Luxe Lashes bank statements and covert recorded conversations, was debated at length on Friday.
“When a matter of judgment has been made, it’s important not to be overturned,” Barlin’s solicitor Michael Mantaj told the court, describing the Crown’s late submission as “chaotic”.
Judge Bozic told the court he was not making a decision on Barlin potentially being involved in further crimes after she entered her guilty plea in June last year.
Instead, Judge Bozic told the court the evidence would help him decide if Barlin should be sent to jail or be given an ICO.
Barlin started crying when Judge Bozic accused her of making “a complete and utter mockery of this sentencing exercise” and suggested his only option was to send her to jail.
Referring to his decision in June last year, Judge Bozic said he had placed “100 per cent weight” on what Barlin had said in her affidavit.
“Now at some point it’s just not appropriate to continue this sentencing exercise in an air of utter naivety,” he told the court.
“I’ve read those (recordings). If I took the view that, not withstanding everything said that what was going on here, a month after she was referred for an ICO, there is no basis for anything other than a sentence of full-time custody.
“This makes a complete and utter mockery of the sentencing exercise. It holds the court to complete and utter contempt. Judges look (like) fools.”
Judge Bozic said the “time for naivety is well past in this case”.
The Crown told the court Barlin’s alleged behaviour caught by police showed she had a “cavalier attitude to criminal activity”.
The Crown also alleged bank statements from Barlin’s business Luxe Lashes “clearly indicate money from drug deals was going into her account”.
Judge Bozic adjourned Barlin’s case until May 3, telling the court he needed to “very carefully” go over the conversations the 24-year-old had had in July 2018.
Barlin’s solicitor debated she was not always the one talking about drugs with potential customers and told the court “some money” going into her Luxe Lashes account was related to legitimate business.
Barlin and Shaw were arrested on November 6, 2016, after Australian Border Force officers raided their rented home at Jilliby in the central coast hinterland.
In the previous six months, the ABF had intercepted 13,672 tablets, 11.2L of testosterone, 600ml of anabolic steroids and 20 vials of human growth hormone.
Barlin has pleaded guilty to one count each of importing testosterone and Shaw has pleaded guilty to three charges of importing human growth hormone, anabolic steroids and the deemed supply of steroids.
The pair was arrested after a two-year investigation. Police said the seized drugs were destined for the black market.
ABF commander of immigration and customs enforcement Anthony Seebach previously said the seizure of the drugs was a win for law enforcement.
“These drugs can have serious health impacts for users and the ABF is committed to protecting our community by stamping out the illicit importation of these dangerous drugs,” he said.
“If you import steroids or other performance and image enhancing drugs without a permit you’re breaking the law and you will face the consequences.”
Shaw, who has been in custody since December 12, 2018, was sentenced to 18 months in prison relating to his role in the drug supply enterprise.
He will be eligible for parole on 11 November 2019.
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