Curle v R [2024] NSWCCA 117

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Curle v R [2024] NSWCCA 117 Hearing dates: 19 June 2024 Date of orders: 08 July 2024 Decision date: 08 July 2024 Before: Bell CJ at [1]; Stern JA at [2]; Button J at [69]. Decision: (1) Leave to appeal against sentence granted. (2) Appeal dismissed. Catchwords: CRIME – Appeals – appeal against sentence – where total effective sentence of 29 months ordered – where combined period of custodial sentence and recognizance release order exceeded 3 years – whether sentencing judge erred having regard to the proper construction of Crimes Act 1914 (Cth), s 19AC CRIME – Appeals – appeal against sentence –impact of any period of custody on the applicant's rehabilitation – where custodial sentence imposed – whether the sentencing judge erred having regard to Crimes Act 1914 (Cth), s 16A(2AAA) CRIME – Appeals – appeal against sentence – whether manifest excess Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), s 6(1) Crimes Act 1914 (Cth), ss 16A, 16(1), 19AC, 20(1)(b) Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth) Criminal Appeal Act 1912 (NSW), s 5(1)(c) Criminal Code Act 1995 (Cth), ss 474.22A(1), 474.22(1) Cases Cited: Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95 Mulato v R [2006] NSWCCA 282 New South Wales v Cornwall [2023] NSWSC 278; (2023) 375 FLR 459 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 State of NSW v NW [2019] NSWSC 415 Xu v R [2023] NSWCCA 93 Texts Cited: Explanatory Memorandum to the Crimes Legislation Amendment Bill (No 2) 1989 (Cth) Category: Principal judgment Parties: Robert Curle (Applicant) Rex (Respondent) Representation: Counsel: S Kluss (Applicant) C Tran with D Morris (Respondent)