Burns v R [2013] NSWCCA 17

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Burns v R [2013] NSWCCA 17 Hearing dates: 8 February 2013 Decision date: 08 February 2013 Before: Latham J at [1] Button J at [2] Grove AJ at [17] Decision: (1) Leave to appeal granted with regard to the sentence for the offence in count two of supplying methadone. (2) Appeal allowed. (3) Sentence for count two quashed. (4) In substitution, the applicant is sentenced on count two to a non-parole period of imprisonment for 2 years 13 days to date from 14 July 2010 and expire on 27 July 2012, with an additional term of 11 months 17 days to commence on 28 July 2012 and expire on 13 July 2013. Catchwords: CRIMINAL LAW - sentence appeal after conviction on one count quashed - re-sentence pursuant to s 7(1) of Criminal Appeal Act 1912 Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Lavender v R [2006] NSWCCA 24 Sheehan [No 2] v R [2006] NSWCCA 332 Category: Principal judgment Parties: Natalie Burns (applicant) Regina (respondent) Representation: Counsel: D Barrow (applicant) T Smith (respondent) Solicitors: Legal Aid NSW (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2008/10533 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-10-23 00:00:00 Before: Woods QC DCJ File Number(s): 2008/10533