Rampley v R [2010] NSWCCA 293

Rampley v R [2010] NSWCCA 293

The sentence of 2 years and 9 months imprisonment, with release under a recognisance release order after 1 year and 6 months and allowing a 25% discount for the early guilty plea, was within the sentencing judge's discretion. The offending was very serious: it occurred over almost four months, involved sexually explicit communications with a person believed to be a 12-year-old girl, included instructions on masturbation, exposure to pornography, and suggestions of meeting for sexual activity. The fact that the recipient was fictitious and sexual activity was impossible did not materially reduce the seriousness of the offence. The mitigating factors did not make the sentence manifestly...

Jurisdiction
Australia
Judgment Date
09 December 2010
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['using a Carriage Service to Groom a Person Under 16 Years of Age' 'manifest Excess' 'general Deterrence' 'fictitious Recipient' 'plea of Guilty' 'mitigation and Rehabilitation']
['criminal Law' 'sentencing'] ['using a Carriage Service to Groom a Person Under 16 Years of Age' 'manifest Excess' 'general Deterrence' 'fictitious Recipient' 'plea of Guilty' 'mitigation and Rehabilitation']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for an offence contrary to s 474.27(1) of the Criminal Code 1995 was manifestly excessive.' 'Whether the seriousness of the offending was reduced because the recipient was fictitious and sexual activity was not objectively possible.' "What significance should be given to the applicant's guilty plea, prior good character, treatment, and prospects of rehabilitation."]

Ratio Decidendi

The sentence of 2 years and 9 months imprisonment, with release under a recognisance release order after 1 year and 6 months and allowing a 25% discount for the early guilty plea, was within the sentencing judge's discretion. The offending was very serious: it occurred over almost four months, involved sexually explicit communications with a person believed to be a 12-year-old girl, included instructions on masturbation, exposure to pornography, and suggestions of meeting for sexual activity. The fact that the recipient was fictitious and sexual activity was impossible did not materially reduce the seriousness of the offence. The mitigating factors did not make the sentence manifestly...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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