R v Karla Burrows [2007] NSWDC 112

New South Wales District Court

CITATION: R v Karla Burrows [2007] NSWDC 112

JUDGMENT DATE: 11 May 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: S11 Bail pursuant to Crimes (SP) Act for 9 months:-; Bail conditions imposed.

CATCHWORDS: Criminal law - sentencing - s 11 bail (Griffith Remand) - robbery armed with offensive weapon - knife - vulnerable victim - elderly lady - enforced rehabiliation - strong rehabilitation progress at time of hearing - early plea - contrition - long history of drug abuse - dysfunctional marriage - separated from children.

LEGISLATION CITED: s. 11 Crimes (Sentencing Procedure) Act 1999

CASES CITED: The Queen v Griffith (1977) 137 CLR 293 R v Henry (1999) 46 NSWLR 340

PARTIES: Regina Karla Burrows

FILE NUMBER(S): 06/21/0282

Crown: Ms T Roberts - Office of Solicitor for Public Prosecutions SOLICITORS: Defence: Ms Hall - Legal Aid Commission

SENTENCE 1 There is no dispute to the facts Karla Burrows robbed a sixty-five year old woman, Ms Isabella Roberts, of eighty dollars in cash, her credit cards and a number of personal items contained in her black purse. At the time of that robbery Karla Burrows was armed with an offensive weapon, namely a kitchen knife. Ms Roberts was using a walking stick as she made her way along Chester Hill Road heading towards Bass Hill. In committing this criminal conduct, Karla Burrows has exposed herself to a maximum penalty of twenty years imprisonment.

2 Today she is before the Court to be held accountable for her actions. As matters are panning out, that may be a process, rather than an event. The process will be one of what is called "enforced rehabilitation", see The Queen v Griffith (1977) 137 CLR 293 per Barwick CJ. No sentencing exercise is easy, in this case there are clear tensions, the offence had a significant level of violence, appears to have had rudimentary planning, and the victim selected was alone and apparently frail.