Curro v R (No. 2) [2021] NSWDC 773

Curro v R (No. 2) [2021] NSWDC 773

The s 32 appeal was dismissed because, although the appellant suffered from mental illness, it was not more appropriate to deal with him under s 32 given the large number of offences over a short period, persistent harassment affecting many people, disregard of court orders including AVOs and a Community Corrections Order, poor treatment and management in the community, and better treatment while in custody. The State sentence appeal was allowed in part because the aggregate sentence of four years and six months was excessive for the State offences; a three year aggregate sentence with a non-parole period of one year and six months was appropriate, with special circumstances found to...

Jurisdiction
Australia
Judgment Date
23 September 2021
Procedural Posture
Criminal Appeal From Local Court / Appeal Concerning Refusal or Failure to Make an Order Under S 32 of the Mental Health (forensic Provisions) Act 1990 and Sentence Severity Appeal
Outcome
Appeal concerning s 32 dismissed; sentence appeal allowed in part for State offences; Commonwealth sentence confirmed.
Legal Topics
['appeal From Local Court' 'section 32 Application' 'mental Health (forensic Provisions) Act 1990 (nsw)' 'severity Appeal' 'community Corrections Order Breach' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing' 'mental Health and Criminal Procedure'] ['appeal From Local Court' 'section 32 Application' 'mental Health (forensic Provisions) Act 1990 (nsw)' 'severity Appeal' 'community Corrections Order Breach' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Appeal From Local Court / Appeal Concerning Refusal or Failure to Make an Order Under S 32 of the Mental Health (forensic Provisions) Act 1990 and Sentence Severity Appeal

Legal Issues

  1. 1 ['Whether the Local Court should have dealt with the appellant under s 32 of the Mental Health (Forensic Provisions) Act 1990 rather than according to law.' 'Whether the District Court should exercise Local Court powers to make an order under s 32.' 'Whether the aggregate sentence imposed by the Local Court for State offences was excessive.' 'Whether special circumstances justified a non-parole period less than the statutory ratio.']

Ratio Decidendi

The s 32 appeal was dismissed because, although the appellant suffered from mental illness, it was not more appropriate to deal with him under s 32 given the large number of offences over a short period, persistent harassment affecting many people, disregard of court orders including AVOs and a Community Corrections Order, poor treatment and management in the community, and better treatment while in custody. The State sentence appeal was allowed in part because the aggregate sentence of four years and six months was excessive for the State offences; a three year aggregate sentence with a non-parole period of one year and six months was appropriate, with special circumstances found to...

Court Disposition

Appeal concerning s 32 dismissed; sentence appeal allowed in part for State offences; Commonwealth sentence confirmed.

Orders

  • ['The appeal concerning the failure of the Local Court to make any order under s 32 of the Mental Health (Forensic Provisions) Act 1990 is dismissed.' 'The sentence imposed by the Local Court at Burwood on 15 March 2021 for State offences is set aside. In lieu of that sentence, the offender is sentenced to a...