Federal Court of Australia
" Lb
CATCHWORDS
Criminal Law - Sentence ~ Rape - Factors to be taken into account in fixing head sentence and non-parole period - Relevance of effect of crime on prosecutrix - Physical and psychological hurt - Mitigating circumstances - Relevance of plea of guilty and stage of trial at which offered - Use of statistical 1unformation as to sentences imposed for
similar offences.
Parole of Prisoners Act (N.T.) s.4(1)
DARRYL STEVEN TAMBLING v. THE QUEEN
No. NTG 38 of 1983
FORSTER, TOOHEY, MCGREGOR JJ.
DARWIN
13 April 1994."
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY OF AUSTRALIA
DISTRICT REGISTRY No. NTG 38 of 1983
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY
BETWEEN : DARRYL STEVEN TAMBLING Appellant AND: THE QUEEN Respondent
REASONS FOR JUDGMENT
Cofram: Forster, Toohey, McGregor JJ. Date : 13 April 1984. THE COURT:
DARRYL STEVEN TAMBLING (appellant) has appealed
against a sentence of imprisonment with hard labour for 9
years with a non-parole period of 4% years imposed upon him
by the Supreme Court of the Northern Territory on 7 November
1983.
The appellant had pleaded not guilty to offences of having sexual intercourse with the prosecutrix without
her consent and of indecent assault. The trial commenced
w .
resisted by the prosecutrix. Eventually, and against her struggles, he succeeded in having intercourse with her. She lapsed into unconsciousness. When she reached a state
of awareness again he had left her and was across the road
getting into a car which was driven off. She was able to walk to the house where she was staying which was some 300-400 yards away. By this time 1t was quite early in the morning.
She was there attended by a medical practitioner who described
her condition -
"Could you indicate to the court on examining
the patient what injuries you found?----I attended (prosecutrix) at 2.55 am about. Initially I found her to be distressed and crying. She had very extensive bruising on her neck, left side of the face. She was unable to open her left eye due
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate