NSW Caselaw
Reported Decision : 160 A Crim R 85
New South Wales Court of Criminal Appeal
CITATION: CHAPLIN v R [2006] NSWCCA 40
HEARING DATE(S): 13 February 2006
JUDGMENT DATE: 1 March 2006
JUDGMENT OF: McClellan CJ at CL at 1; James J at 36; Buddin J at 37
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL APPEAL - two offences - detain without consent with intent to obtain sexual gratification contrary to s 86(1)(b) of the Crimes Act and indecent assault - sentenced to a total non-parole period of four years with an overall sentence of six years imprisonment - submission that manifestly excessive rejected - commission of offence whilst on conditional liberty - offence serious requiring a significant sentence
LEGISLATION CITED: Crimes Act 1900
R v Dodd (1991) 57 A Crim R 349 R v Falls [2004] NSWCCA 335 R v Fernando [2002] NSWCCA 28 CASES CITED: R v Jones NSWCCA unreported 30 June 1994 R v Tran [1999] NSWCCA 109 R v Vranic NSWCCA unreported 7 May 1991 R v Whyte (2002) 55 NSWLR 252
PARTIES: David Andrew John Chaplin (Appl) The Crown
FILE NUMBER(S): CCA 2005/1949
COUNSEL: Dr P Power SC (Crown) R Burgess (Appl)
SOLICITORS: Director of Public Prosecutions (Crown) Legal Aid Commission of NSW
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/1263
LOWER COURT JUDICIAL OFFICER: Gibson DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1949
McCLELLAN CJ at CL JAMES J BUDDIN J
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