Regina v Kurtzman [1999] NSWCCA 215

Regina v Kurtzman [1999] NSWCCA 215

A sentence of two years' periodic detention was appropriate given the degree of criminality and the applicant's circumstances; the primary judge exercised proper discretion and gave due consideration to all relevant factors including hardship, guilty plea, and assistance to authorities.

Jurisdiction
Australia
Judgment Date
19 July 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['periodic Detention' 'appeal Against Sentence' 'compensation Order' 'discount for Plea of Guilty' 'assistance to Authorities']
['criminal Law'] ['periodic Detention' 'appeal Against Sentence' 'compensation Order' 'discount for Plea of Guilty' 'assistance to Authorities']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentence of two years' periodic detention was manifestly excessive" 'Whether sufficient discount was given for plea of guilty and assistance to authorities' 'Whether the hardship resulting from serving periodic detention at Mannus Correctional Centre warranted a lesser sentence']

Ratio Decidendi

A sentence of two years' periodic detention was appropriate given the degree of criminality and the applicant's circumstances; the primary judge exercised proper discretion and gave due consideration to all relevant factors including hardship, guilty plea, and assistance to authorities.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted' 'Appeal dismissed']