R v Burkitt

[2020] NSWDC 50

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Burkitt [2020] NSWDC 50

Hearing dates:

19 December 2019, 13 March 2020

Date of orders:

13 March 2020

Decision date:

13 March 2020

Jurisdiction:

Criminal

Before:

Weinstein SC DCJ

Decision:

Full-time custodial order to be served by way of intensive correctional order. For orders see [87]

Catchwords:

SENTENCING — Penalties — Intensive correction orders

 

CRIME — Drug offences — Supply prohibited drug — Commercial quantity

  CRIME — Drug offences — Supply prohibited drug — Indictable quantity

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999
Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW)
Drug Misuse and Trafficking Act 1985

Cases Cited:

Abbas & Ors v R [2013] NSWCCA 115
Attorney General’s Application (No 1) (2002) 56 NSWLR 146
Casella v R [2019] NSWCCA 201
DPP v De La Rosa (2010) 79 NSWLR 1
Karout v R [2019] NSWCCA 253
Markarian v The Queen [2005] HCA 25
Mill v The Queen (1988) 166 CLR 59
Muldrock v The Queen [2011] HCA 39; 244 CLR 120
R v Fangaloka [2019] NSWCCA 173
R v Jarrold [2010] NSWCCA 69
R v Pullen [2018] NSWCCA 264
Veen v The Queen (No 2) at [476–477]
Watts v R [2007] NSWCCA 153

Category:

Sentence

Parties:

Regina (Crown)
Alexander Leonard Burkitt (Defendant)

Representation:

Counsel:
Ms S. Stuart (Crown)
Mr M. Crawford-Smith (Defendant)

File Number(s):

2018/0039281

Judgment

1. The offender Alexander Leonard Burkitt, born in 1983, is before the court for sentence for supply of a commercial quantity of prohibited drug, being 1124 grams of gamma butyrolactone, on 19 December 2018, contrary to section 25(2) of the Drug Misuse and Trafficking Act 1985 (DMTA) (sequence 1), for which the maximum penalty is 20 years, 3500 penalty units, or both, and the standard non-parole period is 10 years. There is a second charge of supply an indictable quantity of a prohibited drug, being 984.62 grams of gamma butyrolactone, between 8 November 2018 and 20 December 2018, contrary to section 25(1) of the DMTA (sequence 7), for which the maximum penalty is 15 years, 2000 penalty units, or both, and for which there is no standard non-parole period.

2. There is also a Form 1 which the offender asks me to take into account when sentencing him for sequence 7. This is a charge of supply an indictable quantity of a prohibited drug, being 16.15 grams of methylamphetamine, between 13 and 20 December 2018.

Evidence

3. Before me are five exhibits. Exhibit 1 is a bundle of documents prepared by the Crown which includes:

1. A Charge Certificate;

2. The Form 1;

3. The Agreed Facts;

4. The offender’s New South Wales and Commonwealth criminal history; and

5. The offender’s custodial history;

4. Exhibit 2 is a Sentencing Assessment Report (SAR) dated 13 December 2019 under the hand of Nofar Boskila.

5. Exhibit 3 is a bundle of documents tendered by the offender, which includes:-

1. A report of Thea Gumbert, psychologist dated 17 December 2019;

2. A letter from Simon Martin, counsellor, Stimulant Treatment Program at St…