NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Burns [2007] NSWCCA 228
HEARING DATE(S): 23 July 2007
JUDGMENT DATE: 23 July 2007
JUDGMENT OF: Spigelman CJ at 1; Simpson J at 2; Harrison J at 3
EX TEMPORE JUDGMENT DATE: 23 July 2007
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW – Crown appeal against inadequacy of sentence – whether suspension of full time custodial sentence in absence of special circumstances appropriate for offences involving supply of prohibited drug – whether offender's subjective features amounted to special circumstances warranting the imposition of some other sentence – subjective features include offender's youth, previous good character, unlikelihood of re offending, contrition, early admission of guilt, voluntary cessation of criminal activity and confession to offence not otherwise likely to have been detected
Crimes (Sentencing Procedure) Act 1999 - ss 3A, 12 LEGISLATION CITED: Criminal Appeal Act 1912 - s 5D Drug Misuse and Trafficking Act 1985 - s 25A(1)
Commissioner of Taxation v Baffsky (2001) 122 A Crim R 568 Dinsdale v The Queen (2000) 202 CLR 321 Elliott v Harris (No 2) (1976) 13 SASR 516 Griffiths v The Queen (1989) 167 CLR 372 Pearce v The Queen (1998) 194 CLR 610 R v Bacon (2000) A Crim R 28 CASES CITED: R v Baker [2000] NSWCCA 85 R v Ceissman [2004] NSWCCA 466 R v Douglas [2007] NSWCCA 31 R v Hutton [2004] NSWCCA 60 R v Lopez [1999] NSWCCA 245 R v Wall [2002] NSWCCA 42 R v Zamagias [2002] NSWCCA 17
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate