Regina v Sebastian Victor CURT [2003] NSWCCA 236

Regina v Sebastian Victor CURT [2003] NSWCCA 236

No appellable error was shown. The claimed custody periods either had already been allowed for or would not affect the effective sentence, and the totality submission for a 71-day reduction had no basis because the custody related to particular offences rather than the offences producing the effective sentence. The applicant's intellectual impairment was mild and did not make deterrence inappropriate; the sentencing judge was entitled to emphasise community protection given the applicant's extensive record and dangerous driving. The sentence was not too severe and was reasonably lenient in the circumstances.

Jurisdiction
Australia
Judgment Date
26 August 2003
Procedural Posture
Appeal Against Severity of Sentence Under S 5 AF of the Criminal Appeal Act 1912 / Application for Leave to Appeal and Appeal From Sentences Imposed by the Drug Court of New South Wales
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['severity of Sentence' 'drug Court Sentencing' 'pre Sentence Custody' 'totality Principle' 'general Deterrence' 'intellectual Impairment' 'community Protection' 'driving While Disqualified']
['criminal Law' 'sentencing' 'criminal Appeals'] ['severity of Sentence' 'drug Court Sentencing' 'pre Sentence Custody' 'totality Principle' 'general Deterrence' 'intellectual Impairment' 'community Protection' 'driving While Disqualified']

Case Brief

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Procedural Posture

Appeal Against Severity of Sentence Under S 5 AF of the Criminal Appeal Act 1912 / Application for Leave to Appeal and Appeal From Sentences Imposed by the Drug Court of New South Wales

Legal Issues

  1. 1 ['Whether the sentencing judge failed to take into account two periods of pre-sentence custody of 13 days and 58 days.' 'Whether the effective sentence and non-parole period should be reduced by 71 days by application of the totality principle.' "Whether the sentencing judge failed to reduce the weight given to general deterrence because of the applicant's intellectual impairment." 'Whether the sentence imposed was too severe.']

Ratio Decidendi

No appellable error was shown. The claimed custody periods either had already been allowed for or would not affect the effective sentence, and the totality submission for a 71-day reduction had no basis because the custody related to particular offences rather than the offences producing the effective sentence. The applicant's intellectual impairment was mild and did not make deterrence inappropriate; the sentencing judge was entitled to emphasise community protection given the applicant's extensive record and dangerous driving. The sentence was not too severe and was reasonably lenient in the circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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