Regina v Sebastian Victor CURT [2003] NSWCCA 236

New South Wales Court of Criminal Appeal

CITATION : Regina v Sebastian Victor CURT [2003] NSWCCA 236 HEARING DATE(S) : 20/08/2003 JUDGMENT DATE : 26 August 2003

JUDGMENT OF : Foster AJA at 1 DECISION : 1. Leave to appeal be granted.; 2. Appeal be dismissed.

CATCHWORDS : Appeal against severity of sentence. s 5AF of the Criminal Appeal Act 1912 LEGISLATION CITED : Drug Court Act s 24 of the Crimes (Sentencing Provisions) Act 1999 R v Israil [2002] NSWCCA 255 CASES CITED : R v Fahda [1999] NSWCCA 267 R v Engert [1995] 84 A Crim R 67 PARTIES : Regina v Sebastian Victor CURT FILE NUMBER(S) : CCA 60131/03 COUNSEL : Mr H. Dhanji - Appellant Mr D. Woodburne - Respondent Douglas John Humphreys SOLICITORS : Legal Aid Commission of NSW - Appellant

S.E. O'Connor - Respondent

LOWER COURT Drug Court of NSW JURISDICTION : LOWER COURT 2002/0091 FILE NUMBER(S) : LOWER COURT Barnett DCJ (Drug Court) JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CCA 60131/03 FOSTER AJA

26 August 2003 REGINA v Sebastian Victor CURT

Judgment

1 FOSTER AJA: This appeal is brought under s 5AF of the Criminal Appeal Act 1912, being an appeal from sentences imposed by the Drug Court of New South Wales. On 21 October 2002, the applicant was sentenced in that Court by his Honour Judge Barnett. His Honour imposed sentences in respect of 27 separate offences, to which the applicant had pleaded guilty. The effect of the sentences imposed was that the applicant received an effective sentence of three years imprisonment, with a non-parole period of two years and a parole period of one year. The sentences were to date from 8 September 2002, the date on which the applicant was arrested in respect of the last three of the offences. He had been continuously in custody from that date.