Reported Decision:
126 A Crim R 508
New South Wales
Court of Criminal Appeal
CITATION: Regina v Perese [2001] NSWCCA 478 revised - 14/12/2001 FILE NUMBER(S): CCA 60455/00 HEARING DATE(S): 2 November 2001 JUDGMENT DATE:
13 December 2001PARTIES :
The Crown
Jonathon PereseJUDGMENT OF: Beazley JA at 1; Hulme J at 2; McClellan J at 59
LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S) : 99/12/0190 LOWER COURT JUDICIAL
OFFICER :Kirkham DCJ
COUNSEL : P G Berman SC (Crown)
T S Corish (Appl)SOLICITORS: Director of Public Prosecutions
D J HumphreysCATCHWORDS: Criminal law - sentencing - whether sentence imposed was manifestly excessive - whether principles in R v Henry & Ors applied - whether adequate weight given to plea of guilty - whether sentencing judge erred by not separately identifying the component of the sentence relating to different offences LEGISLATION CITED: Crimes Act 1900 s 97(1)
Crimes (Sentencing Procedure) Act 1999 s 33(3)CASES CITED: R v Henry & ors (1999) 46 NSWLR 346
Wong v The Queen; Leung v The Queen (2001) HCA 64
R v Thompson (2000) 49 NSWLR 383
Pearce v R (1998) 194 CLR 610
R v Barton [2001] 1 NSWCCA 63
R v Morgan (1993) 70 A Crim R 368
R v Bavadra (2000) 115 A Crim R 152
R v Harris [2001] NSWCCA 322
R v Lemene [2001] NSWCCA 5; 118 A Crim R 131
R v Dawson [2000] NSWCCA 399DECISION: See para 94
BEAZLEY JA
HULME J
McCLELLAN J
THURSDAY, 13 DECEMBER 2001
REGINA v Jonathon PERESE
Judgment
1 BEAZLEY JA: I agree with McClellan J.
2 HULME J: On 26 May 2000, Judge Kirkham sentenced the applicant for leave to appeal in respect of a charge that, on 12 February 1999 at Parramatta in the company of other persons he robbed a bank officer of approximately $99,000, the property of the National Australia Bank.
3 Taken into account was a further offence of, on 17 June 1999, again in company, robbing another bank officer of some $26,500, the property of Westpac Banking Corporation.
4 Pursuant to s 97(1) of the Crimes Act each offence carries a maximum penalty of twenty years imprisonment although, because the second was taken into account and not itself the subject of a separate charge, no penalty greater than the twenty years prescribed in respect of the first charge could be imposed – see Crimes (Sentencing Procedure) Act 1999, s 33(3).
5 The sentence which was imposed was one of six years and six months imprisonment. Finding special circumstances in the applicant’s youth, contrition and regret which his Honour accepted as genuine, the view that the applicant’s prospect for rehabilitation was good and his need for an extended period of supervision by the Probation and Parole Service after the applicant’s release, his Honour imposed a non parole period of four years. Both periods were ordered to commence upon the date of the applicant’s arrest namely 17 June 1999.
6 In…
Continue reading R v Perese
Sign in free to access the full text
- AGLC
- R v Perese [2001] NSWCCA 478
- Case
- [2001] NSWCCA 478
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the sentence imposed was manifestly excessive and whether the principles outlined in R v Henry & Ors were correctly applied. Additionally, the court had to determine if adequate weight was given to the appellant's plea of guilty and whether the sentencing judge erred by not separately identifying the components of the sentence that related to the different offences. These issues were critical in assessing the fairness and proportionality of the sentence imposed.
The court examined the principles of sentencing, particularly focusing on the need for consistency and proportionality in sentences. It highlighted the importance of giving appropriate weight to a plea of guilty, which typically reduces the severity of the sentence. The court found that the sentencing judge did not adequately consider the principles set out in R v Henry & Ors, which emphasise the need to balance the severity of the crime with the mitigating factors such as a guilty plea. Furthermore, the court noted that the sentencing judge's failure to separately identify the components of the sentence for each offence could have led to an imbalance in the overall sentence. Consequently, the court concluded that the sentence was manifestly excessive and that the sentencing process had not been conducted correctly.
The High Court allowed the appeal and remitted the matter to the sentencing court for reconsideration. The court emphasised the need for a clear and reasoned approach to sentencing that appropriately balances the severity of the offences with the mitigating factors, including the plea of guilty. The case underscores the importance of correctly applying sentencing principles to ensure that sentences are fair, proportionate, and consistent with legal standards.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.