Rudolf v R [2016] NSWCCA 313

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rudolf v R [2016] NSWCCA 313 Hearing dates: 1 December 2016 Decision date: 16 December 2016 Before: Meagher JA at [1] Johnson J at [2] Rothman J at [62] Decision: Leave to appeal against sentence refused. Catchwords: CRIMINAL LAW – appeal against sentence – offence of assault occasioning actual bodily harm contrary to s.59(1) Crimes Act 1900 – full time sentence of imprisonment imposed – whether sentencing judge erred by failing to consider alternatives to full-time custody – error not demonstrated – leave to appeal against sentence refused Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Cousins [2002] NSWCCA 340; 132 A Crim R 444 Douar v R [2005] NSWCCA 455; 159 A Crim R 154 R v Zamagias [2002] NSWCCA 17 Walker v R [2016] NSWCCA 213 McIntyre v R [2009] NSWCCA 305; 198 A Crim R 549 R v Carroll [2010] NSWCCA 55; 77 NSWLR 45 Category: Principal judgment Parties: Joshua Rudolf (Applicant) Regina (Respondent) Representation: Counsel: Mr S Corish (Applicant) Ms S Dowling SC (Respondent)

Solicitors: Miers Legal (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2015/230431 Decision under appeal Court or tribunal: District Court of New South Wales Date of Decision: 8 June 2016 Before: Her Honour Judge Wass SC File Number(s): 2015/230431