R v Clarissa BURROW [2012] NSWDC 61

R v Clarissa BURROW [2012] NSWDC 61

Although conspiracy to manufacture methyl-amphetamine in not less than the commercial quantity is a very serious offence with a maximum penalty of 20 years imprisonment, Ms Burrow's participation was at the low end: she did not manufacture the drug, lacked chemical skill, acted mainly as a gofer and conduit, was vulnerable and drug addicted, and the conspiracy was unsophisticated and produced little methyl-amphetamine. Against that were her prior drug-related record and the fact that she offended while on good behaviour bonds. Taking account of remorse, the plea of guilty, confidential exhibit B, and parity with Mr McGregor, an initial sentence of 4 years was discounted by about 28 per...

Jurisdiction
Australia
Judgment Date
20 February 2012
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
Clarissa Burrow was formally convicted and sentenced to 2 years and 10 months imprisonment with a non-parole period of 1 year and 10 months, and release on parole directed for 1 August 2012.
Legal Topics
['conspiracy to Manufacture a Prohibited Drug' 'methyl Amphetamine' 'commercial Quantity' 'plea of Guilty Discount' 'remorse' 'prior Criminality' 'good Behaviour Bonds' 'parity With Co Offender' 'non Parole Period' 'parole Release Order']
['criminal Law' 'sentencing' 'drug Offences'] ['conspiracy to Manufacture a Prohibited Drug' 'methyl Amphetamine' 'commercial Quantity' 'plea of Guilty Discount' 'remorse' 'prior Criminality' 'good Behaviour Bonds' 'parity With Co Offender' 'non Parole Period' 'parole Release Order']

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for conspiracy to manufacture methyl-amphetamine in an amount not less than the commercial quantity.' "How Ms Burrow's limited role, drug addiction, remorse, prior convictions, offending while on good behaviour bonds, and plea of guilty should affect sentence." 'What discount should be allowed for the plea of guilty and the matter in confidential exhibit B.' 'How parity with co-conspirator Craig McGregor should be assessed.' 'What non-parole period and parole release order should be fixed.']

Ratio Decidendi

Although conspiracy to manufacture methyl-amphetamine in not less than the commercial quantity is a very serious offence with a maximum penalty of 20 years imprisonment, Ms Burrow's participation was at the low end: she did not manufacture the drug, lacked chemical skill, acted mainly as a gofer and conduit, was vulnerable and drug addicted, and the conspiracy was unsophisticated and produced little methyl-amphetamine. Against that were her prior drug-related record and the fact that she offended while on good behaviour bonds. Taking account of remorse, the plea of guilty, confidential exhibit B, and parity with Mr McGregor, an initial sentence of 4 years was discounted by about 28 per...

Court Disposition

Clarissa Burrow was formally convicted and sentenced to 2 years and 10 months imprisonment with a non-parole period of 1 year and 10 months, and release on parole directed for 1 August 2012.

Orders

  • ['For the offence of conspiracy to manufacture a prohibited drug, namely methyl-amphetamine, in an amount not less than the commercial quantity, Clarissa Burrow is sentenced to 2 years and 10 months imprisonment.' 'A non-parole period of 1 year and 10 months is set, commencing 1 October 2010 and expiring on 1 August...