R v Rampling [2018] NSWLC 7

R v Rampling [2018] NSWLC 7

Given the objective seriousness of the offending, the injuries suffered, the need for general deterrence, and the lack of any adequate alternative, a full-time custodial sentence of two years, with a non-parole period of 18 months, is the only appropriate disposition. The subjective factors, including contrition and prior good character, mitigate the sentence to some degree, but not so as to warrant a non-custodial sentence or a sentence below the maximum allowed in the Local Court.

Parties
Prosecutor: NSW Police; Defendant: Stephen James Rampling
Jurisdiction
Australia
Judgment Date
03 July 2018
Procedural Posture
Criminal / Sentence
Outcome
The defendant is convicted and sentenced to a term of imprisonment for 2 years commencing 3 July 2018 and expiring 2 July 2020, with a non-parole period of 18 months.
Legal Topics
Sentencing, Recklessly Inflict Grievous Bodily Harm, Domestic Violence Offence, Objective Seriousness, Mitigating Factors, General Deterrence, Non Parole Period
Criminal Law Sentencing Recklessly Inflict Grievous Bodily Harm Domestic Violence Offence Objective Seriousness Mitigating Factors General Deterrence Non Parole Period

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Parties

NSW Police

Prosecutor

Stephen James Rampling

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for the offence of recklessly inflicting grievous bodily harm in the circumstances?
  2. 2 How do subjective factors and the utilitarian value of a guilty plea affect sentencing?
  3. 3 Should alternative sentencing options such as Intensive Correction Orders be considered given the seriousness of the offence?

Ratio Decidendi

Given the objective seriousness of the offending, the injuries suffered, the need for general deterrence, and the lack of any adequate alternative, a full-time custodial sentence of two years, with a non-parole period of 18 months, is the only appropriate disposition. The subjective factors, including contrition and prior good character, mitigate the sentence to some degree, but not so as to warrant a non-custodial sentence or a sentence below the maximum allowed in the Local Court.

Court Disposition

The defendant is convicted and sentenced to a term of imprisonment for 2 years commencing 3 July 2018 and expiring 2 July 2020, with a non-parole period of 18 months.

Orders

  • The defendant is sentenced to imprisonment for 2 years commencing 3 July 2018 and ending 2 July 2020.
  • The non-parole period is 18 months.