Perry v R [2006] NSWCCA 351

Reported Decision : 166 A Crim R 383

New South Wales Court of Criminal Appeal

CITATION: Perry v R [2006] NSWCCA 351 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 7 August 2006

JUDGMENT DATE: 8 November 2006

JUDGMENT OF: Spigelman CJ at 1; Howie J at 2; Rothman J at 3

DECISION: Leave to appeal granted; The sentence imposed on the applicant by his Honour Newman AJ on 28 April 2005 for the two offences of aggravated indecent assault contrary to s.61M(2) of the Crimes Act 1900, be quashed; Pursuant to the terms of s.7 of the Criminal Appeal Act 1912 the sentence imposed by his Honour Newman AJ on 28 April 2005 on the applicant for the count of murder, be varied in accordance with the following; The following sentences be imposed: i. For the offence of aggravated indecent assault (child under 10) contrary to s.61M(2) of the Crimes Act 1900 committed between 22 February 2004 and 23 February 2004 (Count 2), the applicant be sentenced to imprisonment for a non-parole period of three years and seven months commencing 23 February 2004 and expiring on 22 September 2007 with the remainder of term of one year and two months expiring on 22 November 2008; ii. For the offence of aggravated indecent assault (child under 10) contrary to s.61M(2) of the Crimes Act 1900 committed between 22 February 2004 and 23 February 2004 (Count 3), the applicant be sentenced to imprisonment for a non-parole period of three years and seven months commencing 23 February 2004 and expiring 22 September 2007 with the remainder of term of one year and two months expiring on 22 November 2008; iii. For the offence of murder contrary to s.18 of the Crimes Act 1900, committed between 22 February 2004 and 23 February 2004, the applicant be sentenced to imprisonment for a non-parole period of 18 years and five months commencing 23 June 2005 and expiring 22 November 2023 with the remainder of term of 5 years and 3 months expiring 22 February 2029.