Rumble v Regina [2006] NSWCCA 211

New South Wales Court of Criminal Appeal

CITATION: Rumble v Regina [2006] NSWCCA 211

HEARING DATE(S): 12/07/2006

JUDGMENT DATE: 18 July 2006

JUDGMENT 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 1912

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] CASES CITED: 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 584

PARTIES: David Paul Rumble - Applicant Regina - Respondent Crown