Tindall v R [2019] NSWCCA 136

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tindall v R [2019] NSWCCA 136 Hearing dates: 15 March 2019 Date of orders: 02 August 2019 Decision date: 02 August 2019 Before: Simpson AJA at [1] Bellew J at [27] Campbell J at [36] Decision: (1) Leave to appeal against sentence granted;

(2) Appeal dismissed. Catchwords: CRIMINAL LAW – Appeals – objective seriousness – principle of proportionality – whether sentencing judge erred in the assessment of the objective gravity of the offences – whether sentence manifestly excessive – sentencing for standard non-parole period offences

SENTENCING – Absence of an aggravating factor does not diminish gravity of offence – requirement of an assessment based on the facts of each case – no hierarchy of sexual offences according to type of penetration or sexual connection – each offence compounded by eventual abandonment of complainant – whether aggregate sentence imposed by trial judge too severe – whether sentence imposed was unreasonable or plainly unjust – held sentence within bounds of sentencing discretion – held the appeal should be dismissed. Legislation Cited: Crimes Act 1900 (NSW), ss 61HA, 61J(1), 61M(1) Crimes (Appeal and Review) Act 2001 (NSW), s 68(A) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 44(2), Div 3 of Pt 3, Div 1A of Pt 4 Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Mulato v R [2006] NSWCCA 282 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Dodd (1991) 57 A Crim R 349 R v Gebrail (Unrep, 18/11/94, NSWCCA) Salafia v R [2015] NSWCCA 141 Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Principal judgment Parties: Scott Tindall (Applicant) Regina (Respondent Crown) Representation: Counsel: S. Fraser (Applicant) K. Ratcliffe (Respondent)