NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v. COTTRELL [2002] NSWCCA 213 FILE NUMBER(S) : CCA No. 60127 of 2002 HEARING DATE(S) : Monday 3 June 2002 JUDGMENT DATE : 3 June 2002
PARTIES : REGINA v. COTTRELL, Norman John JUDGMENT OF : Greg James J at 1; Carruthers AJ at 38
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/1175 LOWER COURT JUDICIAL Woods, DCJ. OFFICER :
COUNSEL : Crown: P.E. Barrett App: T.C. Wattes SOLICITORS : Crown: S.E. O'Connor App: Gary Cleary & Associates CATCHWORDS : Criminal law - sentence - appeal - aged offence - indecent assault on male - offender a life long homosexual pedophile - gaoled for other offences - instant offence disclosed afterwards so not dealt with at the same time as other offences - offender now aged 74 - subject to medication regime - suspended sentence for two years appropriate on recognisance requiring medication, supervision and treatment. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 CASES CITED: Dinsdale (2000) 175 ALR 315 DECISION : The application for leave to appeal is granted; the appeal is uhpeld. The sentence imposed below is quashed; in lieu the applicant is sentenced to imprisonment for two years to be suspended on his entering into a recognisance, under s.12 of the Crimes (Sentencing Procedure) Act 1999, conditioned that he accept the supervision of the Probation & Parole Service and psychiatric treatment and prescribed drug regime. The suspended sentence will date from today.
IN THE COURT OF CRIMINAL APPEAL No. 60127 of 2002
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