Durante, Kurt Russell v R [2008] NSWDC 350

Durante, Kurt Russell v R [2008] NSWDC 350

The appeal was allowed and the sentence increased to eight months' imprisonment, fully suspended on condition the appellant enter into and comply with an eight-month good behaviour bond, due to the appellant's new employment, willingness to address underlying behavioural issues, and the opportunity this presents for rehabilitation, despite his significant criminal history.

Parties
Appellant: Kurt Russell Durante; Respondent: R
Jurisdiction
Australia
Judgment Date
08 February 2008
Procedural Posture
Criminal Appeal Sentence / Sentence Appeal Determination
Outcome
Appeal allowed; sentence set aside and replaced with suspended sentence and good behaviour bond.
Legal Topics
Affray, Sentencing, Appeal Against Sentence, Suspended Sentence, Good Behaviour Bond, Appellant's Criminal History
Criminal Law Affray Sentencing Appeal Against Sentence Suspended Sentence Good Behaviour Bond Appellant's Criminal History

Case Brief

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Parties

Kurt Russell Durante

Appellant

R

Respondent

Procedural Posture

Criminal Appeal Sentence / Sentence Appeal Determination

Legal Issues

  1. 1 Whether to uphold the appeal against the sentence imposed for affray
  2. 2 Whether to increase but suspend the sentence in light of the appellant's circumstances

Ratio Decidendi

The appeal was allowed and the sentence increased to eight months' imprisonment, fully suspended on condition the appellant enter into and comply with an eight-month good behaviour bond, due to the appellant's new employment, willingness to address underlying behavioural issues, and the opportunity this presents for rehabilitation, despite his significant criminal history.

Court Disposition

Appeal allowed; sentence set aside and replaced with suspended sentence and good behaviour bond.

Orders

  • Sentence of the Magistrate is set aside.
  • Impose a term of imprisonment for 8 months.