Curtis v R [2007] NSWCCA 11

New South Wales Court of Criminal Appeal

CITATION: Curtis v R [2007] NSWCCA 11 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8 November 2006

JUDGMENT DATE: 5 February 2007

JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 6; Rothman J at 81

DECISION: (i) leave to appeal against sentences granted; (ii) appeal allowed, sentences quashed and the applicant re-sentenced - see para 80

CATCHWORDS: CRIMINAL LAW - sentencing - sentencing remarks - purpose of sentencing remarks - explanation for alteration of sentence - need for economy in sentencing remarks - application to appeal against severity of sentence - five counts - pleas of guilty - use of offensive weapon - assault - intimidation - resist police officer - stab police dog - deliberate act - threaten police - vulnerability of victim - aggravating circumstances - whether sentence manifestly excessive - whether gratuitous cruelty in stabbing dog an aggravating factor - assessment of objective gravity - whether offence in worst category of cases - subjective circumstances - mitigating features - rehabilitation - whether error to regard knifing of dog as gratuitous cruelty - objective seriousness - circumstance of aggravation - starting point for sentence not maximum sentence available - individual sentences not manifestly excessive - extent of accumulation of sentences excessive - re-sentence

LEGISLATION CITED: Crimes Act 1900, s33B(1) (a), s58, s61, s562AB Crimes (Sentencing Procedure) Act 1999, Part 4, Division 1A, s21A, s44(2)

Pearce v The Queen [1998] HCA 57; 194 CLR 610 R v Bottin [2005] NSWCCA 254 R v Hammoud [2000] NSWCCA 540; 118 A Crim R 66 CASES CITED: R v Hoerler [2004] NSWCCA 184; 147 A Crim R 520 R v Keen [2004] NsWCCA 86 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Way [2004] NSWCCA 131; 60 NSWLR 168