Perrin (No.2) v R [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 Park v 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)