R v Burns [2018] NSWDC 200

R v Burns [2018] NSWDC 200

The court sentenced on the basis that the cocaine in the offender's possession was to be supplied to a limited number of friends rather than to anyone who wanted to buy drugs, but held the supply offence remained serious and required a custodial sentence; because a sentence of two years or less was likely, the offender was referred for assessment for an Intensive Corrections Order.

Jurisdiction
Australia
Judgment Date
06 July 2018
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Offender convicted and fined for driving while suspended; for supply prohibited drug, referred for assessment for suitability to serve a custodial sentence by means of an Intensive Corrections Order; forfeiture order made by consent.
Legal Topics
['supply Prohibited Drug' 'drug Possession' 'sentencing' 'intensive Corrections Order' 'forfeiture Order' 'section 10 Bond']
['criminal Law'] ['supply Prohibited Drug' 'drug Possession' 'sentencing' 'intensive Corrections Order' 'forfeiture Order' 'section 10 Bond']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ["Whether the offender's supply of cocaine was part of broader drug dealing or intended supply to a limited number of friends." 'Whether a custodial sentence was required for the offence of supplying a prohibited drug.' 'Whether the offender should be assessed for suitability to serve the sentence by means of an Intensive Corrections Order.' "How to deal with the offender's prior s 10 bond for driving while suspended and the matters on a Form 1."]

Ratio Decidendi

The court sentenced on the basis that the cocaine in the offender's possession was to be supplied to a limited number of friends rather than to anyone who wanted to buy drugs, but held the supply offence remained serious and required a custodial sentence; because a sentence of two years or less was likely, the offender was referred for assessment for an Intensive Corrections Order.

Court Disposition

Offender convicted and fined for driving while suspended; for supply prohibited drug, referred for assessment for suitability to serve a custodial sentence by means of an Intensive Corrections Order; forfeiture order made by consent.

Orders

  • ['For the offence of driving while suspended, convict and fine James Alexander Burns $1,000.' 'For the offence of supplying a prohibited drug, refer James Alexander Burns for assessment as to his suitability to serve the sentence by means of an Intensive Corrections Order.' 'Adjourn the matter to 31 August 2018.'...