NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Thornton v R [2007] NSWCCA 164
HEARING DATE(S): 30 May 2007
JUDGMENT DATE: 21 June 2007
JUDGMENT OF: Tobias JA; Latham J; Fullerton J
DECISION: (a) Appeal against conviction dismissed; (b) Grant leave to appeal against sentence; (c) Appeal against sentence allowed in part; (d) Quash the sentence imposed on Count 3 and in lieu impose a sentence of 10 years 6 months imprisonment to date from 14 March 2007, with a non-parole period of 7 years, expiring 13 March 2014. The appellant is eligible for release to parole on 14 March 2014
CATCHWORDS: CRIMINAL LAW - JURIES - Verdict - Whether inconsistent findings on chargers relating to simultaneous acts are unreasonable or unsupportable - Where "something additional" to complainant's evidence available for one charge but not the other - SENTENCE - "Special Cricumstances" - Principle of totality
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
Jones v The Queen (1997) 191 CLR 439 M v The Queen (1994) 181 CLR 487 MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35 CASES CITED: MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 Osland v The Queen (1998) 197 CLR 316; [1998] HCA 75 R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290 R v Romano [2004] NSWCCA 380
PARTIES: Ronald James Thornton Regina
FILE NUMBER(S): CCA 2006/584
COUNSEL: A: J Conomos R: W Dawe QC
SOLICITORS: A: McGowan Lawyers R: S Kavanagh (Solicitor for Public Prosecution)
LOWER COURT JURISDICTION: District Court
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