Rampe v R [2018] NSWCCA 163

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rampe v R [2018] NSWCCA 163 Hearing dates: 16 July 2018 Decision date: 03 August 2018 Before: Beazley P at [1]; R A Hulme J at [2]; Button J at [60] Decision: 1. Leave to appeal against sentence granted. 2. Appeal against sentence dismissed. Catchwords: CRIME – sentence appeal – child sexual assault and child abuse material offences – applicant stepfather of victim – sentenced to 16 years imprisonment with 12 year non-parole period – whether sentencing judge failed to assess objective criminality in relation to indicative sentences – little variation in objective seriousness of each offence – fact that indicative sentences same for multiple offences not indicative of error – where judge imposing aggregate sentence failed to indicate non-parole period that would have been set for each separate sentence – Truong v R; R v Le; Nguyen v R; R v Nguyen [2013] NSWCCA 36 – failure to set non-parole period does not invalidate sentence – whether sentence manifestly excessive – nothing less than substantial sentence could reflect applicant's criminality Legislation Cited: Children (Criminal Proceedings) Act 1987 s 15A Crimes Act 1900 (NSW) ss 61M(2), 66C(2), 91G(1)(a), 91H(2), 578A Crimes (Sentencing Procedure) Act 1999 (NSW) s 53A Cases Cited: Delaney v R; R v Delaney [2013] NSWCCA 150 JM v R [2014] NSWCCA 297; 246 A Crim R 528 Obeid v R [2017] NSWCCA 221; 350 ALR 103 PG v R [2017] NSWCCA 179 R v Brown [2012] NSWCCA 199 R v NT [2015] NSWCCA 136 R v Nykolyn [2012] NSWCCA 219 R v Van Ryn [2016] NSWCCA 1 Ridgeway v R [2016] NSWCCA 184 Riggio v R [2015] NSWCCA 223 Truong v R; R v Le; Nguyen v R; R v Nguyen [2013] NSWCCA 36 Category: Principal judgment Parties: Rampe (a pseudonym) (Applicant) Regina (Respondent) Representation: Counsel: Ms S Kluss (Applicant) Mr N J Adams (Crown)