Trindall v R [2013] NSWCCA 229

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Trindall v R [2013] NSWCCA 229 Hearing dates: 3 October 2013 Decision date: 03 October 2013 Before: Emmett JA at [1] R A Hulme J at [2] Bellew J at [22] Decision: Leave to appeal refused Catchwords: CRIMINAL LAW - sentence appeal - stealing from person and aggravated robbery - whether pre-sentence detention taken into account - whether error in not finding special circumstances in early guilty plea and prospects of rehabilitation - no merit in either ground - no point of principle Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: R v Fidow [2004] NSWCCA 172 Category: Principal judgment Parties: Darren John Trindall Regina Representation: Counsel: Ms S Kluss (Applicant) Ms N Adams SC (Crown) Solicitors: Legal Aid NSW Solicitor for Public Prosecutions File Number(s): 2011/109236 2011/167563 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-09-25 00:00:00 Before: Madgwick ADCJ File Number(s): 2011/109236; 2011/167573

Judgment 1EMMETT JA: I agree with R A Hulme J. 2R A HULME J: Darren John Trindall ("the applicant") was sentenced in the District Court on 25 September 2012 by his Honour Acting Judge Madgwick ("the judge"). 3In respect of three offences of stealing from the person and one offence of aggravated robbery (ss 94 and 95 of the Crimes Act 1900 (NSW)) the judge imposed an aggregate sentence of imprisonment for 6 years with a non-parole period of 4 years. 4The sentence was specified to date from 23 July 2012. The applicant will be eligible for release on parole on the expiration of the non-parole period on 22 July 2016. 5The judge also sentenced the applicant in respect of a number of related summary offences (s 166 of the Criminal Procedure Act 1986 (NSW)). They were offences of taking and driving a conveyance without the owner's consent; not stopping and driving recklessly when police were in pursuit; driving whilst disqualified; resisting police in the execution of their duty; and failing to submit to a breath analysis. The judge imposed another aggregate sentence for these offences of 18 months. He applied the same commencement date and so the applicant had the benefit of the sentence being wholly subsumed within the other sentence. There is no need to refer to these offences, or the sentence, again. What follows should be read as relating to the primary sentence.