Curro v R (No. 2) [2021] NSWDC 773

District Court New South Wales

Medium Neutral Citation: Curro v R (No. 2) [2021] NSWDC 773 Hearing dates: 17 September 2021, 21 - 23 September 2021 Date of orders: 23 September 2021 Decision date: 23 September 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: (1) The appeal concerning the failure of the Local Court to make any order under s 32 of the Mental Health (Forensic Provisions) Act 1990 is dismissed; and (2) The sentence imposed by the Local Court at Burwood on 15 March 2021 for State offences is set aside. In lieu of that sentence, the offender is sentenced to a non-parole period of one year and six months commencing on 7 October 2020 and expiring on 6 April 2022. I impose a further period of imprisonment of one year and six months to commence upon the expiration of the non-parole period and expiring on 6 October 2023. The total sentence is therefore three years comprising the non-parole period and the balance of the sentence. I have found special circumstances and the appellant is eligible to be considered for release to parole at the expiration of the non-parole period; and (3) I confirm the sentence imposed by the Local Court at Burwood on 15 March 2021 for Commonwealth offences. Catchwords: CRIME – APPEAL – APPAL FROM LOCAL COURT – APPEAL FROM REFUSAL OF APPLICATION UNDER S 32 MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990 (NSW) – APPEAL DISMISSED. SENTENCE – APPEAL – SEVERITY – APPEAL ALLOWED IN PART. Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: DPP v El Mawas [2006] NSWCA 154; (2006) 66 NSWLR 93 Texts Cited: Nil Category: Principal judgment Parties: Appellant – Andrew Curro R – Crown Representation: Appellant Bowe Crown Dando File Number(s): 2018/00257234; 2018/00293539; 2019/00154180; 2019/00154191; 2017/00333674; 2017/00333679; 2018/00141150; 2018/00257220; 2019/00245585; 2019/00290198. Publication restriction: Nil