Curro v The Queen (No. 2)

Curro has appealed against the decision of the Local Court, seeking a review of their refusal to make an order under section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW), and also challenging the severity of the sentence imposed. The appeal has been heard in the Supreme Court. The primary legal issues that the court was required to decide were whether the Local Court was correct in its refusal to make an order under section 32 of the Act, and whether the sentence imposed was excessive.

In relation to the first issue, the court found that the Local Court was correct in its assessment that Curro did not satisfy the criteria for an order under section 32. The court found that Curro's mental health issues, while serious, did not meet the threshold for a forensic order under the Act. In relation to the second issue, the court found that the sentence imposed was excessive and varied it to a non-parole period of one year and six months, with a total sentence of three years. The court found that special circumstances existed, and Curro is eligible to be considered for release to parole at the expiration of the non-parole period.

The court dismissed the appeal concerning the Local Court's refusal to make an order under section 32 of the Act. However, the court allowed the appeal in part concerning the severity of the sentence. The sentence imposed by the Local Court was set aside, and a new sentence was imposed by the Supreme Court. The court also confirmed the sentence imposed by the Local Court for the Commonwealth offences.