Perez v R [2012] NSWCCA 167

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Perez v R [2012] NSWCCA 167 Hearing dates: 2 July 2012 Decision date: 02 July 2012 Before: Basten JA at [1]; Harrison J at [23]; Beech-Jones J at [25] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW - appeal - sentence - robbery in company - seriousness of involvement in offence - sentencing judge found that both offenders planned offence - whether co-offender planned the offence - whether appellant became involved after offending conduct commenced - whether number of discrete acts done by each offender relevant to seriousness of respective conduct - whether relevant error demonstrated

CRIMINAL LAW - appeal - sentence - robbery in company - parity - whether disparity in roles of appellant and co-offender warranted departure from equal sentences Legislation Cited: Crimes Act 1900 (NSW), s 97 Cases Cited: Lowe v The Queen [1984] HCA 46; 154 CLR 606 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 Category: Principal judgment Parties: David Patrick Suturino Perez (Appellant) Crown (Respondent) Representation: Counsel:

Mr G Brady (Appellant) Ms M M Cinque (Respondent) Solicitors:

Conaghan Lawyers (Appellant) S Kavanagh, Solicitor for Public Prosecutions (Respondent) File Number(s): CCA 2010/44742 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-09-16 00:00:00 Before: English DCJ File Number(s): DC 2010/44742