R v Curtis (No 2)

The respondent, Mr Curtis, appealed against his sentence for assault occasioning actual bodily harm and breach of a Good Behaviour Order. The appeal was heard in the Supreme Court of the Australian Capital Territory. The central issue before the court was whether the sentence imposed by the Magistrates Court was manifestly inadequate, particularly in light of Mr Curtis's history of re-offending and failure to comply with previous court orders.

The court noted that Mr Curtis had a history of re-offending and had breached a Good Behaviour Order which required him to refrain from possessing goods reasonably suspected of being stolen and to not obtain property by deception. The court also highlighted that Mr Curtis had been in custody since his arrest on 23 December 2015, and the original sentence did not adequately address the seriousness of his re-offending and the breach of the Good Behaviour Order. The court concluded that the original sentence was manifestly inadequate and required reconsideration.

Accordingly, the court cancelled the Good Behaviour Order made on 16 December 2013, confirmed the conviction for the assault occasioning actual bodily harm, and re-sentenced Mr Curtis. The court imposed a sentence of twelve months imprisonment, to commence on 15 August 2015, taking into account the time spent in pre-sentence custody. The sentence was suspended for eighteen months, during which Mr Curtis must comply with various conditions, including probation supervision, counselling, and forty hours of community service work. The court also required Mr Curtis to sign an undertaking to comply with the good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for eighteen months.