How police uncovered woman’s poison plot against mate’s ex

A woman who plotted to poison a friend’s abusive ex-boyfriend by giving him a party drug has been spared jail after a judge found she was acting out of “misguided loyalty”.

Marissa Tofield, 29, was on Monday sentenced to a one-year community corrections order over the plot to poison her friend Claire Dawson’s ex Raimondo Corak-Phan in December 2019 after by chance being caught in an unrelated police sting.

When she was arrested, Tofield was charged with conspiracy to murder but pleaded guilty to the lesser charge of intending to cause a person to take an intoxicating substance.

Tofield was arrested after police raided her Glebe apartment in early 2020 during which officers found 15ml of the party drug GHB.

Tofield and Ms Dawson were captured on a police phone tap on December 8 in which Tofield discussed the plot to poison Mr Corak-Phan during four phone conversations.

The court heard Tofield was caught after police launched a strike force to investigate a series of armed robberies.

Judge Dina Yehia said Tofield had “nothing to do with the robberies” however it led to her being arrested.

Police obtained a warrant for a phone used by Mr Corak-Phan on December 5, but two days later Ms Dawson began using it.

The following day, on December 8, police intercepted four phone calls across the afternoon in which Tofield discussed the plan to administer GBH to Mr Corak-Phan.

“It occurred in the context that her (alleged) co-offender and friend had suffered serious domestic violence at the hands of the intended victim,” Judge Yehia said.

“The context does not excuse her conduct, nor does it justify vengeful behaviour. However, it does explain the offending.”

Judge Yehia said Ms Dawson’s relationship with Mr Corak-Phan was marked by domestic violence.

Mr Corak-Phan appeared before the court last week after police took out an AVO for Ms Dawson’s protection.

She further said Tofield had experienced and witnessed violence throughout her youth.

“In this case, she demonstrated an entirely misplaced loyalty to her friend by engaging in these conversations, agreeing to cause the victim to take an intoxicating substance, with intent to cause him distress or pain,” Judge Yehia said.

“Although her criminal conduct is explained by her own childhood experiences and exposure to abuse over many years, it doesn’t excuse the conduct. Nor should that conduct be justified in any way.”

In sentencing, Judge Yehia took into account the two months Tofield served in custody before being released on bail, also awarding her a 10 per cent discount for her guilty plea.

“The offender served two months in custody as a transgender woman,” Judge Yehia said.

“In my view, that period of pre-sentence custody serves to fulfil the purpose of punishment.”

Tofield was sentenced to a 12-month community corrections order, which will require her to be of good behaviour.

Ms Dawson has been charged with conspiring to administer a poison intending to injure and is due back before the court in December.