R v Burkitt [2020] NSWDC 50

R v Burkitt [2020] NSWDC 50

Given the objective and subjective circumstances, including the offender's low/mid-level offending, addiction-driven conduct, early plea, genuine remorse, significant efforts at rehabilitation, and special circumstances, no alternative to imprisonment was appropriate, but an aggregate sentence of 3 years was imposed to be served as an Intensive Correction Order with several conditions, reflecting both the seriousness of offending and the offender's prospects of rehabilitation.

Parties
Prosecution: Regina (Crown); Defendant: Alexander Leonard Burkitt
Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of 3 years imprisonment to be served by way of an Intensive Correction Order (ICO) with conditions.
Legal Topics
Sentencing, Drug Offences, Intensive Correction Orders, Supply of Prohibited Drugs
Criminal Law Sentencing Drug Offences Intensive Correction Orders Supply of Prohibited Drugs

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Parties

Regina (Crown)

Prosecution

Alexander Leonard Burkitt

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for supply of commercial quantity of prohibited drug
  2. 2 Consideration of objective seriousness and subjective factors in sentencing
  3. 3 Application of intensive correction order as alternative to full-time imprisonment

Ratio Decidendi

Given the objective and subjective circumstances, including the offender's low/mid-level offending, addiction-driven conduct, early plea, genuine remorse, significant efforts at rehabilitation, and special circumstances, no alternative to imprisonment was appropriate, but an aggregate sentence of 3 years was imposed to be served as an Intensive Correction Order with several conditions, reflecting both the seriousness of offending and the offender's prospects of rehabilitation.

Court Disposition

Aggregate sentence of 3 years imprisonment to be served by way of an Intensive Correction Order (ICO) with conditions.

Orders

  • Convicted of two counts: supply prohibited drug not less than commercial quantity (1124g GBL) s 25(2) Drug Misuse and Trafficking Act 1985 (NSW); supply prohibited drug not less than indictable and commercial quantity (984.62g GBL) s 25(1) Drug Misuse and Trafficking Act 1985 (NSW).
  • Aggregate sentence: imprisonment for 3 years, from 13 March 2020 to 12 March 2023, to be served as Intensive Correction Order (ICO).