R v Kyla Michaela BURROWS [2007] NSWDC 28

R v Kyla Michaela BURROWS [2007] NSWDC 28

The offences were serious, regular and ongoing dishonest conduct by which Ms Burrows abused her employer's trust while on bail and diverted company money to fund drug use. Although aggravating factors required punishment, the sentence also had to account for her early guilty pleas, remorse, prospects of rehabilitation, the fact that the offences stopped when she left employment rather than on detection, the existing drug supply sentence, accumulation and totality, and the need for parole supervision. A compensation order was appropriate because the employer had suffered loss and Ms Burrows indicated willingness to repay.

Jurisdiction
Australia
Judgment Date
08 February 2007
Procedural Posture
Criminal Sentencing for Obtaining Money by Deception / Sentence After Guilty Pleas
Outcome
Ms Burrows was sentenced to imprisonment and ordered to pay compensation to Candana Designs Pty Limited.
Legal Topics
['obtaining Money by Deception' 'position of Trust' 'drug Addiction and Offending' 'accumulation of Sentences' 'totality Principle' 'compensation Order' 'form 1 Matters']
['criminal Law' 'sentencing'] ['obtaining Money by Deception' 'position of Trust' 'drug Addiction and Offending' 'accumulation of Sentences' 'totality Principle' 'compensation Order' 'form 1 Matters']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing for Obtaining Money by Deception / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for four offences of obtaining money by deception where 38 similar matters were to be taken into account.' 'How the sentence should reflect aggravating features including offending while on bail, abuse of a position of trust, and a planned and organised dishonest scheme.' 'How to structure the sentence when the offender was already serving a sentence for a more serious drug supply matter.' 'Whether compensation should be ordered in favour of Candana Designs Pty Limited.']

Ratio Decidendi

The offences were serious, regular and ongoing dishonest conduct by which Ms Burrows abused her employer's trust while on bail and diverted company money to fund drug use. Although aggravating factors required punishment, the sentence also had to account for her early guilty pleas, remorse, prospects of rehabilitation, the fact that the offences stopped when she left employment rather than on detection, the existing drug supply sentence, accumulation and totality, and the need for parole supervision. A compensation order was appropriate because the employer had suffered loss and Ms Burrows indicated willingness to repay.

Court Disposition

Ms Burrows was sentenced to imprisonment and ordered to pay compensation to Candana Designs Pty Limited.

Orders

  • ['On counts 1, 2, 3 and 5, Ms Burrows was sentenced to imprisonment for a fixed term of 12 months, to commence on 8 September 2007.' 'On count 4, a non-parole period was set to commence on 8 September 2007 and expire on 7 September 2008, on which date Ms Burrows was eligible to be released to parole.' 'On count 4, a...