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R v Burtt [2018] SASCFC 5

appeal against sentence — attempting to import a border controlled precursor contrary to ss 11.1(1) and 307.13(1) of Commonwealth Criminal Code — in initial remarks, sentencing judge stated that he would sentence offender to head sentence of 4 years’ imprisonment — subsequent sentence imposed 2 years and 9 months’ imprisonment with offender to be released immediately on recognizance to be of good behaviour for 2 years and 9 months upon paying surety of $300 — manifest inadequacy — double jeopardy principle of particular significance where suspended sentence imposed and appeal is against decision to suspend sentence — not desirable that sentencing judge indicate proposed sentence and subsequently impose different sentence — fact that sentencing judge revised initial view does not of itself demonstrate error in sentencing — parity — no disparity between offender and co-offender’s sentences — parity suggests that head sentence of 2 years and 9 months’ imprisonment not so low as to be manifestly inadequate — general deterrence — s 16A(2)(ja) — general deterrence militates strongly against suspension of sentence of imprisonment imposed for trafficking — due to offender’s efforts to rehabilitate herself, within reasonable exercise of sentencing judge’s discretion to order immediate release on recognizance — leave to appeal denied
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