Curtis v R [2007] NSWCCA 11

Curtis v R [2007] NSWCCA 11

The sentencing judge erred in characterising the stabbing and killing of the police dog as gratuitous cruelty and in placing Count 1 in the worst category of offences, although the killing of the dog remained an aggravating circumstance taking the offence to a very high level of objective seriousness. The individual sentences were not shown to be manifestly excessive, but the accumulation of sentences produced a manifestly excessive total effective sentence. The appeal was allowed and the applicant was re-sentenced to an overall head sentence of nine years with a non-parole period of six years.

Jurisdiction
Australia
Judgment Date
05 February 2007
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Severity of Sentences Imposed in the District Court After Pleas of Guilty
Outcome
Leave to appeal granted; appeal allowed; sentences quashed; applicant re-sentenced.
Legal Topics
['severity Appeal' 'manifest Excess' 'totality' 'accumulation and Concurrency of Sentences' 'aggravating Factors' 'gratuitous Cruelty' 'objective Seriousness' 'use Offensive Weapon to Prevent Lawful Apprehension' 'intimidation' 'assault' 'resist Police Officer']
['criminal Law' 'sentencing'] ['severity Appeal' 'manifest Excess' 'totality' 'accumulation and Concurrency of Sentences' 'aggravating Factors' 'gratuitous Cruelty' 'objective Seriousness' 'use Offensive Weapon to Prevent Lawful Apprehension' 'intimidation' 'assault' 'resist Police Officer']

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Severity of Sentences Imposed in the District Court After Pleas of Guilty

Legal Issues

  1. 1 ['Whether the sentences imposed for the intimidation offences were manifestly excessive.' 'Whether the sentencing judge erred by treating the stabbing and killing of a police dog as gratuitous cruelty and as a deliberate aggravating act for Count 1.' 'Whether Count 1 was wrongly characterised as being in the worst category of offences under s33B(1)(a) of the Crimes Act 1900.' 'Whether the sentence for Count 1 was manifestly excessive.' 'Whether the total effective sentence was manifestly excessive because of the extent of accumulation.']

Ratio Decidendi

The sentencing judge erred in characterising the stabbing and killing of the police dog as gratuitous cruelty and in placing Count 1 in the worst category of offences, although the killing of the dog remained an aggravating circumstance taking the offence to a very high level of objective seriousness. The individual sentences were not shown to be manifestly excessive, but the accumulation of sentences produced a manifestly excessive total effective sentence. The appeal was allowed and the applicant was re-sentenced to an overall head sentence of nine years with a non-parole period of six years.

Court Disposition

Leave to appeal granted; appeal allowed; sentences quashed; applicant re-sentenced.

Orders

  • ['Leave to appeal against sentences granted.' 'Appeal allowed, sentences quashed, and the applicant re-sentenced.' 'Count 2: assault, fixed term of 6 months commencing 13 February 2005 and expiring 12 August 2005.' 'Count 3: intimidate Stephen Ward, non-parole period of 12 months commencing 13 August 2005 and...