R v Salvatore Vincenzo CUTRALE [2011] NSWCCA 214

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Salvatore Vincenzo CUTRALE [2011] NSWCCA 214 Hearing dates: 15 June 2011 Decision date: 22 September 2011 Jurisdiction: Common Law - Criminal Before: McClellan CJ at CL at [1]; Hidden J at [2]; Grove AJ at [40] Decision: Appeal allowed. Sentence on second count confirmed. Sentence on first count quashed, in lieu, respondent sentenced to a non-parole period of 6 years and 3 months, commencing on 31 October 2011 and expiring on 30 January 2018, and a balance of term of 2 years and 9 months, commencing on 31 January 2018 and expiring on 30 October 2020. Catchwords: CRIMINAL LAW - Crown appeal against sentence - charges of attempting to choke with intent to commit indictable offence, sexual intercourse without consent - arising from the same incident - wholly concurrent sentences passed - whether partial accumulation required Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Cases Cited: R v MW [2007] NSWCCA 291 R v HQ [2003] NSWCCA 336 McKechnie v R [2006] NSWCCA 13 Cahyadi v R [2007] NSWCCA 1, 168 A Crim R 41 Category: Principal judgment Parties: Regina (Crown) Salvatore Vincenzo Cutrale (respondent) Representation: Counsel V Lydiard (Crown) P Strickland SC (respondent) Solicitors S Kavanagh (Solicitor for Public Prosecutions) (Crown) B Sandland (Legal Aid Commission) (respondent) File Number(s): 2009/240549 Decision under appeal Date of Decision: 2011-01-21 00:00:00 Before: Toner DCJ File Number(s): 2009/240549