Court takes a stand, sends North Albury mum-of-four to jail

TONI Delphin has for too long thumbed her nose at directions from courts and failed to comply with their orders, a District Court judge in Albury said yesterday.

Judge Martin Blackmore said during a severity appeal by Delphin, the mother of four children, that it was in the best interests of the community and her to stop her long-standing drug use.

But she has repeatedly failed to attend probation and parole to address her issues.

“It is something the court has ordered her to do,” Judge Blackmore said.

“We tell her what to do and she does it.”

But he said instead Delphin tells courts what she is going to do and does it.

“This is it. It is the end of that game. It is over,” Judge Blackmore said when confirming jail sentences imposed earlier this year by magistrate Tony Murray.

Delphin, 28, of North Albury, was put on a six-month suspended sentence in July last year on charges of affray, assaulting police and resisting arrest.

A month later she was given a 12-month bond on an assault charge with directions to accept supervision.

Delphin gave birth to her youngest child in February and when she failed to comply with orders, Mr Murray revoked both matters on May 29 this year.

Delphin was given a two-month jail term on the assault charge and six months’ jail for the other matters, but lodged an immediate severity appeal and was released on bail.

Mr Murray said when sentencing her that Delphin was assessed as unsuitable for an intensive corrections order due to significant unaddressed drug dependence issues.

He said her motivation to address her long-term drug use was superficial and she failed to engage in alcohol and drug counselling.

Mr Murray said she continued to provide positive urine analysis results for illegal drugs.

Delphin admitted failing to complete any drug rehabilitation, but claimed when giving evidence yesterday that she no longer used drugs.

Solicitor Shaun Mortimer said there was evidence that Delphin was drug-free.

“I am not going to take her at face value considering her history,” Judge Blackmore said.

“The appellant has a long-standing criminal history.

“She has been given many, many chances in the past to change her behaviour.”

Delphin will be eligible for release on February 7 next year.

Smartphone
Tablet - Narrow
Tablet - Wide
Desktop