Burrows v R [2007] NSWCCA 239

Burrows v R [2007] NSWCCA 239

No error was demonstrated in the sentencing judge’s exercise of discretion regarding the discount for the utilitarian value of the plea or in treating the applicant's participation in a highly organised distribution network as an aggravating factor exceeding what is inherent in the offence of supply.

Parties
Applicant: Kyla Michaela Burrows; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 August 2007
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted but appeal dismissed.
Legal Topics
Sentencing, Guilty Plea Discount, Aggravating Factors, Drug Offences
Criminal Law Sentencing Guilty Plea Discount Aggravating Factors Drug Offences

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Parties

Kyla Michaela Burrows

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to give an adequate discount for the utilitarian value of the applicant's plea of guilty
  2. 2 Whether the sentencing judge erred in treating planned organised criminal activity as an aggravating factor when planning is an inherent characteristic of the offence

Ratio Decidendi

No error was demonstrated in the sentencing judge’s exercise of discretion regarding the discount for the utilitarian value of the plea or in treating the applicant's participation in a highly organised distribution network as an aggravating factor exceeding what is inherent in the offence of supply.

Court Disposition

Leave to appeal granted but appeal dismissed.

Orders

  • Leave to appeal against sentence granted.
  • Appeal dismissed.