NSW Caselaw
Reported Decision: 181 A Crim R 333
New South Wales Court of Criminal Appeal
CITATION: Burrows v R [2007] NSWCCA 239
HEARING DATE(S): 11 July 2007
JUDGMENT DATE: 10 August 2007
JUDGMENT OF: Tobias JA at 1; Latham J at 49; Mathews AJ at 50
DECISION: Leave to appeal granted but appeal dismissed.
CATCHWORDS: SENTENCE – Guilty Pleas – Utilitarian value – Where sentencing judge rejected concession by Crown that guilty plea made at first available opportunity – Aggravating Factors – Supply prohibited drug – Whether offence committed as part of a planned organised criminal activity is an aggravating feature when planning is an inherent characteristic
Drug Misuse & Trafficking Act 1985 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
Fahs v R [2007] NSWCCA 26 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA CASES CITED: Regina v Dib [2003] NSWCCA 117 Regina v Scott [2003] NSWCCA 286 R v Harmouche (2005) 158 A Crim R 357; [2005] NSWCCA 398 R v Yildiz (2006) 160 A Crim R 218; [2006] NSWCCA 97
PARTIES: Kyla Michaela Burrows Regina
FILE NUMBER(S): CCA 2007/878
COUNSEL: A: Grant Brady R: J Girdham
SOLICITORS: A: Brenda Duchen R: S Kavanagh
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 04/11/0489
LOWER COURT JUDICIAL OFFICER: Marien DCJ
LOWER COURT DATE OF DECISION: 11 September 2006
IN THE COURT OF CRIMINAL APPEAL CCA 2007/878
TOBIAS JA LATHAM J MATHEWS AJ
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