NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: TRINDALL v R [2007] NSWCCA 119
HEARING DATE(S): 16 March 2007
JUDGMENT DATE: 30 April 2007
JUDGMENT OF: McClellan CJ at CL at 1; Hulme J at 25; Hislop J at 26
DECISION: Appeal dismissed. The order previously made suppressing the publication of the names of the victims is continued.
CATCHWORDS: CRIMINAL LAW - Appeal against severity of sentence - multiple offences - 7 charges - 7 victims - sexual assaults - sentencing - slip rule - correction to sentence - partly cumulative and partly concurrent sentences - whether special circumstances ought to have been found - whether parole and non-parole periods imposed were appropriate – whether principles of totality were properly applied
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Musgrove v R (2007) NSWCCA 21) Pearce v The Queen (1998) 194 CLR 610 CASES CITED: R v Gill (2002) NSWCCA 93 R v Swann (2005) NSWCCA 252 R v So (2004) NSWCCA 362
PARTIES: Wayne Anthony Trindall (Appl) The Crown
FILE NUMBER(S): CCA 2006/2575
COUNSEL: B P Hancock (Appl) N Noman (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/1060
LOWER COURT JUDICIAL OFFICER: Hosking DCJ
LOWER COURT DATE OF DECISION: 21 April 2006
IN THE COURT OF CRIMINAL APPEAL 2006/2575
McCLELLAN CJ at CL HULME J HISLOP J
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