Perrin (No.2) v The The King

Case [2022] NSWDC 702


District Court


New South Wales

Medium Neutral Citation: Perrin (No.2) v R [2022] NSWDC 702
Hearing dates: 6 August 2021, 28 September 2022
Date of orders: 28 September 2022
Decision date: 28 September 2022
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Resentence following direction by Court of Criminal Appeal

The sentence appeal is upheld in part. I confirm the conviction but vary the sentence imposed by the Local Court. For sentence see [14].

Catchwords:

APPEAL - Appeal against sentence- Review after Stated Case remitted following order by Court of Criminal Appeal

CRIME – Domestic violence offences - multiple offences - Reckless wounding - assault occasioning actual bodily harm – common assault

CRIMINAL PROCEDURE− proper application of s 58 of the Crimes (Sentencing Procedure) Act 1999 (NSW) – Taking guilty pleas into account where notional Local Court sentence exceeds 5 years – applying Park v The Queen

STATUTORY INTERPRETATION - s 58 Crimes (Sentencing Procedure) Act 1999 (NSW)

SENTENCING — Appeal against sentence — Powers of court — Appeal to the District Court

SENTENCING – resentence-no change to previously indicted sentence multiple and serious domestic violence offences - notional sentence exceeds 5 years after taking into account guilty pleas - fresh evidence – appellant maturing and engaged in rehabilitation programmes- should previous non-parole period be varied

Legislation Cited:

Crimes (Administration of Sentences) Act 1999

Crimes (Appeal and Review) Act 2000

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37

Clarke-Jeffries v R [2019] NSWCCA 56

Parkv The Queen [2021] HCA 37

Perrin v R [2021] NSWDC 408

R v Perrin [2022] NSWCCA 170

Category:Principal judgment
Parties: Cody Perrin (the appellant)
Director of Public Prosecutions (the respondent)
Representation:

Counsel:
Mr S Fraser, Public Defender (for the appellant)
Mr D Coulton, Crown Prosecutor (for the respondent)

Solicitors:
Morrisons Law (for the appellant)
File Number(s): 2020/00054156
 Decision under appeal 
Court or tribunal:
Wollongong Local Court
Jurisdiction:
Local Court Crime
Date of Decision:
21 June 2021
Before:
McGowan LCM
File Number(s):
2020/00054156

Judgment

Introduction

  1. This matter was returned to the District Court after a Crown Stated case was upheld by the Court of Criminal Appeal: R v Perrin [2022] NSWCCA 170.

  2. The sentence I imposed, Haesler SC DCJ, on 17 August 2021 was quashed. And the matter was remitted to the District Court for the appeal relating to the sentence imposed on 24 June 2021 by McGowan LCM to be determined according to law.

Redetermination of the appeal

  1. In my earlier judgment, I set out the Perrin’s background: Perrin v R [2021] NSWDC 408. I also made findings about the seriousness of the crimes he committed. Those crimes were extensive. They were directed at his partners and showed a complete disregard for the women he was in a relationship with. Those findings were not challenged on appeal. As the prosecutor submitted, then and now, they required a sentence of some severity, to vindicate the dignity of the victims of domestic violence…

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Details
AGLC
Perrin (No.2) v The The King [2022] NSWDC 702
Case
[2022] NSWDC 702
Decision Date

CaseChat Overview and Summary

The appellant, Perrin, appealed against the sentence imposed by the Local Court, which had convicted him of multiple domestic violence offences, including reckless wounding, assault occasioning actual bodily harm, and common assault. The Court of Criminal Appeal reviewed the case following a remitted Stated Case and assessed whether the District Court had properly applied Section 58 of the Crimes (Sentencing Procedure) Act 1999 (NSW) when considering the appellant's guilty pleas and the resulting notional sentence. The court was also tasked with determining whether the non-parole period should be varied, given the appellant's engagement in rehabilitation programs and his maturation since the initial sentencing.

The District Court considered the appellant's multiple and serious domestic violence offences, as well as his guilty pleas. The notional sentence for these offences exceeded five years, as per Section 58 of the Act. The court was required to interpret and apply the relevant legislation in determining the appropriate sentence. The court also had to weigh the fresh evidence presented, including the appellant's rehabilitation efforts and maturation since the original sentencing. The court had to balance these factors with the need to adequately punish the appellant for his serious criminal conduct.

The District Court confirmed the conviction but varied the sentence imposed by the Local Court. The court found that the notional sentence for the offences exceeded five years, taking into account the appellant's guilty pleas. The court also considered the fresh evidence presented, including the appellant's engagement in rehabilitation programs and his maturation since the original sentencing. The court ultimately decided that the previous non-parole period should not be varied, as the appellant's efforts did not warrant a significant reduction in his sentence. The sentence appeal was upheld in part, and the District Court varied the sentence imposed by the Local Court.

The District Court confirmed the conviction but varied the sentence imposed by the Local Court. The appellant was sentenced to a total effective prison term of 4 years and 3 months, with a non-parole period of 3 years. The court considered the appellant's guilty pleas, the seriousness of his offences, and his engagement in rehabilitation programs. The court found that the appellant's efforts did not warrant a significant reduction in his sentence, and therefore, the previous non-parole period remained unchanged.

Orders

Orders of the court

Resentence following direction by Court of Criminal Appeal

The sentence appeal is upheld in part. I confirm the conviction but vary the sentence imposed by the Local Court. For sentence see [14].

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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