Currie v R [2013] NSWCCA 267

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Currie v R [2013] NSWCCA 267 Hearing dates: 14 October 2013 Decision date: 12 November 2013 Before: Hoeben CJ at CL at [1]; Johnson J at [2]; Bellew J at [100] Decision: Application for extension of time to appeal against sentence refused Catchwords: CRIMINAL LAW - sentence appeal - application for extension of time to appeal - Applicant sentenced in August 2008 - Applicant convicted after trial of two counts of aggravated sexual intercourse without consent (s.61J Crimes Act 1900) and one count of indecent assault (s.61L Crimes Act 1900) - s.61J offences subject to a standard non-parole period - sole ground of appeal asserted Muldrock error - relevant considerations for grant of extension of time - Muldrock error conceded by Crown - whether lesser sentence warranted in law - extensive criminal history including prior sexual assault offences - offences committed in breach of conditional liberty - Applicant with deprived early background and later stable and supportive marriage - relevance of Applicant's mental condition to sentence - Applicant sentenced subsequently to entirely concurrent terms of imprisonment for unrelated offences - held no lesser sentence warranted - insufficient prospects of success - application for extension of time to appeal refused Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Abdul v R [2013] NSWCCA 247 ASP v R [2007] NSWSC 339 Baxter v R [2007] NSWCCA 237; 173 A Crim R 284 Bugmy v The Queen [2013] HCA 37; 87 ALJR 1022 Douar v R [2005] NSWCCA 455; 159 A Crim R 154 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Neal v The Queen [1982] HCA 55; 149 CLR 305 Porter v R [2008] NSWCCA 145 R v Currie (Court of Criminal Appeal, 31 October 1997) R v Fernando (1992) 76 A Crim R 58 R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566 R v Speechley [2012] NSWCCA 130; 221 A Crim R 175 R v Wright (1997) 93 A Crim R 48 Texts Cited: --- Category: Principal judgment Parties: Desmond Jeffrey Currie (Applicant) Regina (Respondent) Representation: Counsel: Ms RW Burgess (Applicant) Ms TL Smith (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2007/7834 Publication restriction: --- Decision under appeal Citation: --- Date of Decision: 2008-08-29 00:00:00 Before: His Honour Judge Black QC File Number(s): 2007/7834; 2007/10972