R v Rampling

[2018] NSWLC 7

Local Court

New South Wales

Medium Neutral Citation:

R v Rampling [2018] NSWLC 7

Hearing dates:

27 April 2018 and 12 June 2018

Decision date:

03 July 2018

Jurisdiction:

Criminal

Before:

Judge Graeme Henson, Chief Magistrate

Decision:

The defendant is sentenced to a term of imprisonment of 2 years to commence on 3 July 2018 and expiring on 2 July 2020 with a non-parole period of 18 months.

Catchwords:

CRIMINAL LAW – Sentence – Recklessly inflict grievous bodily harm – domestic violence offence – ferocious violence - excess consumption of alcohol - subjective factors – defendant no memory of offence - psychological reports – speculative conclusions – offender otherwise person of good character – offending behaviour out of character – good prospects rehabilitation – contrition and remorse – mid-range objective seriousness – DPP chose not to elect to have matter dealt with in District Court where full range of sentencing powers available – appropriate sentence exceeds jurisdictional limit of Local Court – general deterrence – adequacy of punishment – accountability – denunciation of domestic violence offence – no other alternative than sentence of imprisonment

Legislation Cited:

Crimes Act 1900 (NSW) s 35(2)
Crimes (Sentencing Procedure) Act 1999 ss 22(1)(b), 21A(3)(k), 54D(2)
Criminal Procedure Act 1986 (NSW) s 267

Cases Cited:

Blackwell v R [2011] NSWCCA 93
Imbornone v R [2017] NSWCCA 144
Munda v Western Australia [2013] HCA 38
Pattalis v R [2013] NSWCCA 171
R v Doan (2000) 50 NSWLR 115
R v Edigarov (2001) 125 A Crim R 551
R v Fahda [1999] NSWCCA 267
R v Hamid [2006] NSWCCA 302
R v Thomson; R v Houlten (2000) 49 NSWLR 383

Category:

Sentence

Parties:

NSW Police (prosecutor)
Stephen James Rampling (defendant)

Representation:

Solicitors:

 

Sgt. Yessayan (police prosecutor)

  Mr Daoud (for the defendant)

File Number(s):

2018/00062384

Publication restriction:

Nil

Judgment

1. The defendant is before the Court to be sentenced in relation to a charge of recklessly inflict grievous bodily harm. The charge is brought pursuant to section 35(2) of the Crimes Act 1900 (NSW). The maximum penalty on indictment is imprisonment for 10 years. In this matter according to the court record the Director of Public Prosecutions (DPP) refused to accept the matter for consideration of an election to proceed on indictment. As a consequence the Police Prosecuting Branch has carriage of the prosecution as a summary matter.

2. As a summary prosecution that falls within Table 1 of Schedule 1 of the Criminal Procedure Act 1986 (NSW), section 267 of that Act limits the maximum penalty to imprisonment for 2 years. The fact that the DPP declined to consider proceeding against the defendant on indictment does not mean either that the objective seriousness of the offence is correspondingly diminished or that the conduct of the defendant within the commission of the offence is to be regarded as lower level offending. The decision in R v Doan (2000) 50 NSWLR 115 establishes that the objective seriousness of an offence is to be determined by reference to the legislative provision not…