R v Rampling [2018] NSWLC 7

Local Court New South Wales

Medium Neutral Citation: R v Rampling [2018] NSWLC 7 Hearing dates: 27 April 2018 and 12 June 2018 Decision date: 03 July 2018 Jurisdiction: Criminal Before: Judge Graeme Henson, Chief Magistrate Decision: The defendant is sentenced to a term of imprisonment of 2 years to commence on 3 July 2018 and expiring on 2 July 2020 with a non-parole period of 18 months. Catchwords: CRIMINAL LAW – Sentence – Recklessly inflict grievous bodily harm – domestic violence offence – ferocious violence - excess consumption of alcohol - subjective factors – defendant no memory of offence - psychological reports – speculative conclusions – offender otherwise person of good character – offending behaviour out of character – good prospects rehabilitation – contrition and remorse – mid-range objective seriousness – DPP chose not to elect to have matter dealt with in District Court where full range of sentencing powers available – appropriate sentence exceeds jurisdictional limit of Local Court – general deterrence – adequacy of punishment – accountability – denunciation of domestic violence offence – no other alternative than sentence of imprisonment Legislation Cited: Crimes Act 1900 (NSW) s 35(2) Crimes (Sentencing Procedure) Act 1999 ss 22(1)(b), 21A(3)(k), 54D(2) Criminal Procedure Act 1986 (NSW) s 267 Cases Cited: Blackwell v R [2011] NSWCCA 93 Imbornone v R [2017] NSWCCA 144 Munda v Western Australia [2013] HCA 38 Pattalis v R [2013] NSWCCA 171 R v Doan (2000) 50 NSWLR 115 R v Edigarov (2001) 125 A Crim R 551 R v Fahda [1999] NSWCCA 267 R v Hamid [2006] NSWCCA 302 R v Thomson; R v Houlten (2000) 49 NSWLR 383 Category: Sentence Parties: NSW Police (prosecutor) Stephen James Rampling (defendant) Representation: Solicitors: