R v Rumsby (No 6) [2023] NSWSC 916

Supreme Court New South Wales

Medium Neutral Citation: R v Rumsby (No 6) [2023] NSWSC 916 Hearing dates: 4 and 7 August 2023 Date of orders: 7 August 2023 Decision date: 07 August 2023 Jurisdiction: Common Law Before: R A Hulme AJ Decision: Sentenced to imprisonment for 32 years with a non-parole period of 24 years. Catchwords: CRIME – sentencing – after trial – attempt to choke with intent to have sexual intercourse without consent – victim an 18-year old female attacked on the street outside her home in early hours of morning – offence aggravated by physical violence, injuries and threats of death – high objective gravity CRIME – sentencing – after trial – murder – victim a 17-year old girl walking home at night from a party – attacked for sexual purposes and killed by suffocation – high objective gravity conceded CRIME – sentencing – offences committed in 1998 and 1999 – necessary to have regard to sentencing patterns at the time of offending as recent legislation does not apply – offender with limited subjective case – Bugmy factors reduce moral culpability but conceded only to a limited extent – age, ill-health and reduced life expectancy but need to impose sentence proportionate to gravity of offending Legislation Cited: Crimes Act 1900 (NSW), s 37 Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Life Sentences) Amendment Act 1989 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Justice Act 1902 (NSW), s 125B Cases Cited: Geraghty v R [2023] NSWCCA 47 Hordern v R [2019] NSWCCA 210 R v Obeid (No 12) [2016] NSWSC 1815 Ryan v R; Coulter v R [2013] NSWCCA 175 Texts Cited: Keane and Poletti, Sentenced Homicides in New South Wales 1994-2001, Judicial Commission of New South Wales, Monograph 23, January 2004 Category: Principal judgment Parties: Rex (Crown) Craig Henry Rumsby (Offender) Representation: Counsel: L Carr SC (Crown) N Broadbent with Z Alderton (Offender)