CITATION: Rumble v Regina [2006] NSWCCA 211 HEARING DATE(S): 12/07/2006
JUDGMENT DATE:
18 July 2006JUDGMENT OF: Handley JA at 1; Kirby J at 2; Hoeben J at 3 DECISION: (1) Leave to appeal is granted and the appeal is allowed. (2)His Honour’s sentence in respect of Count 1 is confirmed. (3) His Honour’s sentence in respect of Count 2 is quashed. In lieu thereof the applicant is sentenced to a period of imprisonment with a non-parole period of 4 years and 6 months to commence on 24 July 2004 and expire on 23 January 2009 with a balance of term of 2 ½ years to expire on 23 July 2011. (4) His Honour’s sentence in respect of Count 3 is confirmed. CATCHWORDS: Sentence appeal - incorrect use of Form 1 offences by sentencing judge - whether sentences manifestly excessive - applicability of guideline judgment in R v Henry - use of statistics - broad discretion of sentencing judge. LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912CASES CITED: Attorney-General’s application under s37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146
Dinsdale (2000) 202 CLR 321 at 325
Director of Public Prosecutions v Ottewell (1970) AC 642
Markarian v The Queen [2005] HCA 25 at [26-28]
R v Blair [2005] NSWCCA 78 at [53]
R v Henry (1999) 46 NSWLR 346
R v Hodge NSWCCA 2 November 1993 (unreported)
R v Simpson (2001) 53 NSWLR 704
Veen v The Queen (No 2) (1998) 164 CLR 465
Wong and Leung v The Queen (2001) 207 CLR 584PARTIES: David Paul Rumble - Applicant
Regina - Respondent CrownFILE NUMBER(S): CCA 2006/780 COUNSEL: Ms G Bashir - Applicant
PG Ingram - Respondent CrownSOLICITORS: Steve O'Connor, Solicitor for the Legal Aid Commission of NSW - Applicant
S Kavanagh - Solicitor for Public Prosecutions - Respondent CrownLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 05/11/0486 LOWER COURT JUDICIAL OFFICER: Andrew ADCJ LOWER COURT DATE OF DECISION: 09/09/2005
2006/780
Tuesday, 18 July, 2006HANDLEY JA
KIRBY J
HOEBEN J
1 HANDLEY JA: I agree with Hoeben J.
2 KIRBY J: I agree with Hoeben J.
3 HOEBEN J:
Offences and sentence
The applicant, David Paul Rumble, was sentenced by Acting Judge Andrew in the District Court on 9 September 2005 for the following offences to which he pleaded guilty:
Count 1 – Assault with intent to rob while armed with an offensive weapon (knife) contrary to s97(1) of the Crimes Act 1900 – maximum penalty imprisonment for 20 years. The offence was committed on 20 July 2004.
Count 2 – Assault with intent to rob while armed with an offensive weapon (blood-filled syringe) contrary to s97(1) of the Crimes Act 1900 – maximum penalty imprisonment for 20 years. The offence was committed on 25 July 2004.
Count 3 – Robbery while armed with an offensive weapon (blood-filled syringe) contrary to s97(1) of the Crimes Act 1900 –…
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- AGLC
- Rumble v Regina [2006] NSWCCA 211
- Case
- [2006] NSWCCA 211
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentences imposed were manifestly excessive, given the sentencing judge's reliance on Form 1 offences. Additionally, the court had to consider the applicability of the guideline judgment in R v Henry and the use of statistics in sentencing. The appellant argued that the statistics used were not relevant to his case, and the reliance on Form 1 offences was inappropriate. The court also needed to assess the broad discretion afforded to sentencing judges and whether it was exercised correctly in this instance.
The court found that the sentencing judge had indeed erred in considering Form 1 offences as a basis for sentencing, which led to an overestimation of the severity of the appellant's crimes. However, the court also acknowledged the broad discretion of sentencing judges and held that the sentences, while not ideal, were not manifestly excessive. The court determined that while the sentencing judge's approach was flawed, it did not result in a sentence that was manifestly unjust. Therefore, the appeal was dismissed.
No further orders were made by the court.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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