Rumble, Matthew William v The Queen [1996] FCA 493

CATCHWORDS APPEAL - appeal against severity of cumulative effect of sentences imposed. SENTENCE - guilty pleas recorded to numerous theft related offences - whether nine year six month head sentence manifestly excessive - appropriate to view 'totality of sentence', not simply individual sentence for each offence - severity of sentence for each offence - severity of sentence would operate as a bar to rehabilitation - head sentence manifestly excessive. Crimes Act 1900 (ACT), ss429, 443 Thomas: "Principles of Sentencing" R v Rodgers, unreported, Supreme Court, Australian Capital Territory, Miles CJ, 11 May 1993 R v Turner, unreported, Supreme Court, Australian Capital Territory, Miles CJ, 5 February 1993 R v Gallagher, unreported, Supreme Court, Australian Capital Territory, Miles CJ, 13 December 1994 R v Williscroft & Ors [1975] VR 292 R v Smith & Anor (1983) 32 SASR 219 Murrell v R (1985) 58 ALR 203 McDonald v R (1994) 120 ALR 629 Antonovic v R, unreported, Full Federal Court, von Doussa, Higgins and Nicholson JJ, 20 June 1995 On appeal from a Judge of the Supreme Court of the Australian Capital Territory MATTHEW WILLIAM RUMBLE v THE QUEEN No. ACT G2 of 1996 DAVIES, HIGGINS and FINN JJ CANBERRA 21 JUNE 1996

IN THE FEDERAL COURT OF AUSTRALIA) AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY ) No. ACT G2 of 1996 GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY BETWEEN: MATTHEW WILLIAM RUMBLE Appellant AND: THE QUEEN Respondent CORAM: DAVIES, HIGGINS and FINN JJ PLACE: CANBERRA DATE: 21 JUNE 1996 MINUTES OF ORDERS THE COURT ORDERS THAT: 1. The appeal be upheld. 2. The head sentence imposed at first instance be reduced from nine years six months to six years six months. 3. The non-parole period of four years to remain unchanged. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.