Cridland v R [2024] NSWCCA 243

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cridland v R [2024] NSWCCA 243 Hearing dates: 4 December 2024 Date of orders: 20 December 2024 Decision date: 20 December 2024 Before: Stern JA; Fagan J; Ierace J Decision: (1) Grant leave to the applicant to appeal against the sentence passed by English DCJ on 16 February 2024. (2 Allow the appeal and quash the aggregate sentence passed on 16 February 24. (3) In lieu thereof sentence the applicant to an aggregate term of imprisonment of 11 years commencing on 16 June 2023 and expiring on 15 June 2034 with a non-parole period of 7 years and 2 months expiring on 15 August 2030. (4) The applicant will first be eligible for release to parole on 15 August 2030. Catchwords: CRIMINAL LAW – sentence appeal – sexual intercourse with a child aged between 14 and 16 years – whether trial judge erred by making findings of fact concerning counts on which the jury returned not guilty verdicts – whether trial judge erred in failing to find that offender's alcohol abuse and post traumatic stress disorder reduced moral culpability – whether aggregate sentence manifestly excessive – manifest excess established – appeal allowed – sentence reduced on re-sentence Legislation Cited: Crimes Act 1900 (NSW) Category: Principal judgment Parties: Troy Cridland (Applicant) Rex (Crown/Respondent) Representation: Counsel: S Howell (Applicant) J Styles (Crown/Respondent)

Solicitors: Mitchell & Co Lawyers (Applicant) Solicitor for Public Prosecutions (Crown/Respondent) File Number(s): 2020/348125 Publication restriction: No Decision under appeal Court or tribunal: District Court Campbelltown Jurisdiction: Criminal Date of Decision: 16 February 2024 Before: J English DCJ File Number(s): 2020/348125