Perrin v Regina [2006] NSWCCA 64

New South Wales Court of Criminal Appeal

CITATION: Perrin v Regina [2006] NSWCCA 64

HEARING DATE(S): 1 March 2006

JUDGMENT DATE: 15 March 2006

JUDGMENT OF: McClellan CJ at CL at 1; Rothman J at 2; Smart AJ at 3

DECISION: See para 46

CATCHWORDS: Sentencing judge confined to evidence admissible against offender and not take into account evidence admitted against co-offenders - CCA concentrates on sentencing remarks and approaches warily comments during submissions - criminality of offender incorrectly elevated - sentence manifestly excessive,

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] NSWCCA 518 R v H [2005] NSWCCA 282

PARTIES: Leigh Paul Perrin v Regina

FILE NUMBER(S): CCA 2005/2300

COUNSEL: (A) J Stratton SC (C) P Ingram

SOLICITORS: (A) P Hardin (C) S Kavanagh

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/21/3323

LOWER COURT JUDICIAL OFFICER: Williams DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/2300

McCLELLAN CJ at CL ROTHMAN J SMART AJ Wednesday, 15 March 2006

Leigh Paul PERRIN v REGINA

Judgment 1. McCLELLAN CJ at CL: I agree with Smart AJ

2. ROTHMAN J: I agree with Smart AJ.

3. SMART AJ: Leigh Paul Perrin seeks leave to appeal, against a sentence comprising a non-parole period of 4 years commencing on 19 May 2005 and a parole period of 2 years commencing on 19 May 2009 for the offence of sexual intercourse without consent, taking into account the offence of aggravated indecent assault. The maximum penalty for the principal offence is 14 years imprisonment and the standard non-parole period is 7 years imprisonment. The maximum penalty for the offence taken into account is 7 years imprisonment and the standard non-parole period is 5 years imprisonment. The offences were alleged to have occurred about 4 May 2003.