Trindall v R [2013] NSWCCA 229

Trindall v R [2013] NSWCCA 229

Leave was refused because the sentencing judge was aware of the correct release and offending dates, knew that backdating to 23 July 2012 involved about 15 months of accumulation, adopted the date suggested by the applicant's solicitor, and had taken into account rehabilitation prospects and guilty pleas. The sentence and non-parole period were well open in the proper exercise of the sentencing discretion and the proposed grounds were devoid of merit.

Jurisdiction
Australia
Judgment Date
03 October 2013
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal refused
Legal Topics
['stealing From the Person' 'aggravated Robbery' 'pre Sentence Custody' 'special Circumstances' 'non Parole Period' 'guilty Plea' 'rehabilitation Prospects']
['criminal Law' 'sentencing'] ['stealing From the Person' 'aggravated Robbery' 'pre Sentence Custody' 'special Circumstances' 'non Parole Period' 'guilty Plea' 'rehabilitation Prospects']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing adequately to take into account pre-sentence custody when specifying the commencement date of the sentence.' "Whether the sentencing judge erred by failing to consider whether special circumstances arose from the applicant's prospects of rehabilitation and pleas of guilty when setting the non-parole period."]

Ratio Decidendi

Leave was refused because the sentencing judge was aware of the correct release and offending dates, knew that backdating to 23 July 2012 involved about 15 months of accumulation, adopted the date suggested by the applicant's solicitor, and had taken into account rehabilitation prospects and guilty pleas. The sentence and non-parole period were well open in the proper exercise of the sentencing discretion and the proposed grounds were devoid of merit.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']