R v Burroughs [2019] NSWDC 327

District Court New South Wales

Medium Neutral Citation: R v Burroughs [2019] NSWDC 327 Hearing dates: 18 January 2019 Date of orders: 18 January 2019 Decision date: 18 January 2019 Jurisdiction: Criminal Before: Montgomery DCJ Decision: (1) I adjourn the sentence hearing to 16 May 2019. (2) I direct transcript be obtained of the sentence hearing of the co‑accused Katie Marrapodi on 4 October 2018 before Magistrate Still in proceedings numbered 2018/00113612 and 2018/00075553. (3) I direct the parties on the next occasion, if not by application beforehand, to make application, if any is to be made, that the proceedings be listed for hearing before Magistrate Still Catchwords: INTERLOCUTORY - parity- sentencing of co-offenders before the same judge Category: Procedural and other rulings Parties: Karl Burroughs (Accused)

Director of Public Prosecutions (DPP) Representation: Counsel:

Mr M Juhasz (Defence)

Solicitors:

Ms E Poole (Crown) File Number(s): 2018/00075551 Publication restriction: N/A

Judgment 1. In the matter of Karl Burroughs 2018/00075551, the matter was listed for sentence today but could not proceed for two reasons, each of which is associated with the fact that the two charge offences and the Form 1 matter were committed with co‑accused Katie Marrapodi. Ms Marrapodi was sentenced in the Local Court before Magistrate Still on 4 October 2018. Her matter numbers were 2018/00113612 and 2018/00075553. 2. Counsel agree with the two matters of principle of parity sentencing arising from there being a co‑accused. Firstly, that there is not transcript of the sentencing of the co‑accused available today, sentencing of the offender cannot properly proceed. Secondly, if it is available, it is preferable that, according to principle, the same judge, being Magistrate Still, be the judge determining the sentence of the offender Mr Burroughs. 3. For those reasons, the matter cannot proceed and will be adjourned. In the interim, counsel will investigate whether the offender Mr Burroughs is to be referred by the Court, that is, that the parties or either of them would make application to this Court for referral to determination of sentence in the Drug Court. This is what occurred in the matter of the co‑accused. It is not an application before me. It is not an application which I have considered. 4. I make the following orders: 1. I adjourn the sentence hearing to 16 May 2019. 2. I direct transcript be obtained of the sentence hearing of the co‑accused Katie Marrapodi on 4 October 2018 before Magistrate Still in proceedings numbered 2018/00113612 and 2018/00075553. 3. I direct the parties on the next occasion, if not by application beforehand, to make application, if any is to be made, that the proceedings be listed for hearing before Magistrate Still.