High-profile Sydney publicist Roxy Jacenko has been a no-show at her former banker husband's appeal hearing against an insider trading conspiracy.
Oliver Curtis, 31, was jailed in June for at least a year for conspiring to commit 45 illicit trades that netted him and then-friend John Hartman $1.43 million.
The banker's investor father Nick Curtis and mother Angela were in the Court of Criminal Appeal to see their son appear by via audio visual link in prison greens on Wednesday.
But Ms Jacenko, who revealed she'd been diagnosed with breast cancer in the weeks after her husband's convictions, was not present.
During technical argument, Curtis' barrister Bret Walker SC told the court elements of the offence had not been proven and that it could at best be found the agreement between Curtis and Hartman "may" rather than "would" have resulted in an offence.
In reply, Wendy Abraham QC argued it was possible to commit a conspiracy even if the offence was not proven or even possible.
"You can agree to ... possess an item they believe to be cocaine when in fact it's just sugar," she said.
"They're still committing a conspiracy."
Curtis, who the court heard was feeling unwell, read on with documents during the proceedings.
His previous jury trial heard the former banker made trades between May 27 and June 2008 based on confidential information that Hartman possessed as an employee of Orion Asset Management.
It heard the trades netted the pair, who were in their early 20s at the time, $1.43 million, which was spent on rent for a luxurious Bondi apartment, holidays, a car and motorbike.
Hartman, whose job was to execute trades on behalf of Orion, would send Curtis messages directing him to buy or sell a particular number of Contracts for Difference (CFDs) on a particular company's stock at specific times, the trial heard.
During sentencing proceedings Ms Jacenko had asked that her husband be spared time in custody, saying he was a "wonderful father" and the primary carer of their children.
The three appeal judges have reserved their decision.