A Canadian backpacker already grieving the death of her dog from a crocodile attack, who was then jailed for breaching quarantine laws in Western Australia, has won an appeal against her sentence.
But Amanda Phillips, 27, is still facing deportation after calling Australia home for the past four years.
Ms Phillips was sentenced on January 4 to six months and one day in prison after pleading guilty to three counts of failing to comply with a direction, yet was only required to serve two months behind bars.
An appeal was launched, arguing the sentence was “manifestly excessive” and that the magistrate had made an error with the facts and erred regarding the sentence.
Ms Phillips was granted bail on January 12 as she awaited the outcome of her appeal.
But Australian Border Force officers quickly swooped and she was sent to a detention centre because her convictions meant her visa was cancelled.
This month, Justice Stephen Hall ruled her sentence for the Covid-19 breaches should have been wholly suspended and he re-sentenced her.
He noted the magistrate who sentenced Ms Phillips had been told two charges were for failing to remain at a location as directed, when in fact one of those counts related to not wearing a mask.
“The learned magistrate was misinformed by the prosecutor as to the conduct which constituted one of the offences,” Justice Hall said.
He said the “factual error” affected the whole sentencing process.
“In my view, the error … is of a fundamental nature. The effect of it was that the appellant was not properly sentenced in respect of one of the charges,” he said.
In a GoFundMe page set up by a friend, Ms Phillips asked for “love, help and support” and said December 19 was the worst day of her life.
“My dog Blaze, my best friend, was taken by a crocodile in the Northern Territory while on a fishing trip from Queensland to Western Australia,” she wrote.
“As I’m sure many of you can imagine, this was an absolutely traumatising experience.
“I did not know how to process it at the time … I still haven’t been able to fully process it. Prison is not the place for grief.”
Ms Phillips said she obtained a G2G pass and arrived in WA on December 22 “without my entire life, my whole world, I was a mess”.
“I left the hotel after my one night reservation … and headed to camp,” she sxjmtzywaid.
“After a week of naturally isolating due to my lifestyle, I was contacted by police on my whereabouts.
“This is when I found out how serious not accurately putting an address on a piece of paper is. I had put the hotel address on the border pass.”
Ms Phillips, who is double-dose vaccinated, was arrested on December 29.
More than $11,000 has been raised for her.
