Regina v Burgess [2006] NSWCCA 319

New South Wales Court of Criminal Appeal

CITATION: Regina v Burgess [2006] NSWCCA 319 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 04/10/2006

JUDGMENT DATE: 6 October 2006

JUDGMENT OF: Sully J at 1; Adams J at 2; Howie J at 10

DECISION: The appeal is allowed and the sentence on the first count is quashed. In lieu the respondent is sentenced to a non-parole period of 5 years and 6 months imprisonment to date from 29 April 2005 and to expire on 28 October 2010, the date upon which he is eligible for release to parole. The balance of term is 2 years 6 months imprisonment to date from 29 October 2010.

CATCHWORDS: Criminal Law - Sentencing - Crown appeal - supplying commercial quantity of methylamphetamine - relevance of standard non-parole period after plea of guilty - failure to identify the level of offending - failure to give reasons for departing from standard non-parole period - sentence manifestly inadequate.

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 - ss 25(1), 25(2), 25A Crimes (Sentencing Procedure) Act 1999 - ss 21A(2)(m), 21A(2)(n), 21A(3), 44, 54B, Div 1A

R v Way (2004) 60 NSWLR 168 R v AJP (2004) 150 A Crim R 575 R v Shi [2004] NSWCCA 135 CASES CITED: Markarian v The Queen (2005) 79 ALJR 1048 R v Dang [2005] NSWCCA 430 Pearce v The Queen (1998) 194 CLR 610 R v AJP (2004) 150 A Crim R 575

PARTIES: Regina v Robert James Burgess

FILE NUMBER(S): CCA 2006/1867

COUNSEL: W. Dawe QC - Crown C. Smith - Respondent

SOLICITORS: S. Kavanagh - Crown -