Fine over needle dumping not 'adequate'

By Veronica Apap
Updated November 6 2012 - 1:51am, first published April 1 2011 - 10:16am
Police visit McDonald's after learning of the child's injury.
Police visit McDonald's after learning of the child's injury.

A Wollongong magistrate has described as "grossly inadequate" the fine he was forced to impose on a drug addict who dumped a used needle which ultimately pricked a child in a playground.Magistrate Ian Guy yesterday said he would ask the Attorney-General's Department to consider a legislative review because the only punishment available to him was a maximum $3300 fine."A young child who was trying to have some fun ends up with a needlestick injury," Mr Guy said."One can only imagine the horror felt by the family, and the ongoing horror felt by that family wondering whether the child is okay."North Wollongong woman Terri Lee Ryan left Wollongong Local Court yesterday with a $1500 fine after pleading guilty to a charge of aggravated littering.The court heard the 43-year-old had been at a Wollongong McDonald's restaurant about 10am on July 22 last year when she decided to go to the toilet and inject drugs.Ryan's blood was left on the toilet seat and she was seen by a staff member who asked her to leave.Mr Guy said it was unclear how the syringe and needle made it from the toilet to the restaurant's playground."There is no suggestion [Ryan] left the syringe in the play area," he said."A person may have gone into the toilet and either it's been picked up innocently and taken to the play area or it has become embedded in one of the shoes of a child in the toilet and found it's way into the play area."The court heard Ryan felt remorse for her crime, co-operated with police and had entered programs to help her kick her addiction.She had a limited capacity to pay a fine as her only income was a carer's pension.Mr Guy said the maximum penalty of 30 penalty units - or $3300 - did not reflect Ryan's behaviour."To impose a fine in these circumstances is grossly inadequate in many ways," he said."One little child ended up with a needlestick injury, yet the only penalty available is a fine."There is a real question mark as to whether a fine will provide an adequate means of deterrence."Mr Guy requested his remarks be sent to the Attorney-General's Department so the law covering aggravated littering penalties could be considered for review.

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