REGINA v WAYNE RONALD BURRELL [2000] NSWCCA 262

Reported Decision : [2000] 114 A Crim R 207

New South Wales Court of Criminal Appeal

CITATION : REGINA v WAYNE RONALD BURRELL [2000] NSWCCA 262 FILE NUMBER(S) : CCA 60006/00 HEARING DATE(S) : 16 May 2000 JUDGMENT DATE : 21 July 2000

PARTIES : REGINA v WAYNE RONALD BURRELL JUDGMENT OF : Mason P at 1; Sperling J at 43; Smart AJ at 44

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/11/1035 LOWER COURT JUDICIAL Woods DCJ OFFICER :

COUNSEL : Crown: C K Maxwell QC Respondent: A J Bellanto QC SOLICITORS : Crown: S E O'Connor Respondent: Michael Croke & Co CATCHWORDS : Sentencing - Crown appeal - hardship of custodial sentence to prisoner - hardship to family member - Drug Misuse and Trafficking Act 1985 s25(1) and s25(2) - the medical condition of the accused - paraplegia bringing complications in day to day living arrangements - capacity of the Corrections Health Service to care properly for the accused - Executive's duty of care towards prisoners under its control. DECISION : Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL CCA 60006/00

MASON P SPERLING J SMART AJ

Friday 21 July 2000

REGINA v WAYNE RONALD BURRELL The respondent pleaded guilty to two counts on an indictment, namely for supply of a prohibited drug, methylamphetamine, not less than the commercial quantity; and for supply of a prohibited drug, cannabis leaf.

The sentencing judge recognised that the offences on their face called for a significant full time custodial sentence. Nevertheless, his Honour deferred passing sentence on the condition that the respondent enter a recognisance for himself in the sum of $5,000 to be of good behaviour for three years. His Honour also fined the respondent $3,000 on each count of the indictment.