Curtis v R [2008] NSWCCA 200

Procedural Posture

Criminal Law Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Leave to Appeal Granted; Appeal Dismissed

Legal Issues

1. 1 ['Whether the sentencing judge erred by not allowing a discrete discount for co-operation with authorities.' 'Whether the sentencing judge gave undue emphasis to the theft and disposal of firearms.' 'Whether the sentencing judge erred by not further discounting the sentence because the applicant might serve it in protective custody.' "Whether the sentencing judge erred in treating the applicant's oxycontin dependence as a matter of personal choice and not as a mitigating factor in the manner contended." 'Whether the sentencing judge erred in finding that the applicant could not be said to have good prospects of rehabilitation.' 'Whether any lesser sentences were warranted.']

Ratio Decidendi

None of the alleged errors in the sentencing judge's reasons was made out. The judge was entitled to treat the applicant's co-operation as limited by his refusal to identify the recipient of the firearms, to view the fourth count as significantly more serious because firearms were stolen and disposed of, to take the custody hardship into account without quantifying a further discount, to treat the renewed oxycontin use in mature years after abstinence as a matter of personal choice, and to find that good prospects of rehabilitation were not established. In any event, no lesser sentences were warranted and the aggregate sentence was moderate.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

• ['Leave to appeal granted.' 'Appeal dismissed.']