Rampe v R [2018] NSWCCA 163

Rampe v R [2018] NSWCCA 163

No error by the sentencing judge in the assessment of objective seriousness or in fixing indicative sentences; failure to set non-parole periods for individual offences does not affect the validity of the aggregate sentence; the aggregate sentence imposed was not manifestly excessive in light of the gravity, number, and nature of the offences.

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Criminal Appeal / Sentence Appeal; Decision on Application for Leave and on the Appeal Itself
Outcome
Appeal against sentence dismissed; leave to appeal granted.
Legal Topics
['sentence Appeal' 'child Sexual Assault' 'child Abuse Material Offences' 'aggregate Sentencing' 'manifestly Excessive Sentence' 'standard Non Parole Periods' 'objective Seriousness in Sentencing']
['criminal Law'] ['sentence Appeal' 'child Sexual Assault' 'child Abuse Material Offences' 'aggregate Sentencing' 'manifestly Excessive Sentence' 'standard Non Parole Periods' 'objective Seriousness in Sentencing']

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Procedural Posture

Criminal Appeal / Sentence Appeal; Decision on Application for Leave and on the Appeal Itself

Legal Issues

  1. 1 ['Whether sentencing judge failed to assess objective criminality in relation to indicative sentences' 'Whether failure to set non-parole periods for offences attracting standard non-parole periods constituted error' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

No error by the sentencing judge in the assessment of objective seriousness or in fixing indicative sentences; failure to set non-parole periods for individual offences does not affect the validity of the aggregate sentence; the aggregate sentence imposed was not manifestly excessive in light of the gravity, number, and nature of the offences.

Court Disposition

Appeal against sentence dismissed; leave to appeal granted.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal against sentence dismissed.']