R v Perry [2016] NSWSC 1562

R v Perry [2016] NSWSC 1562

The offence was significantly below the midpoint of objective seriousness for murder because the shooting was spontaneous, not premeditated, and committed with reckless indifference to human life rather than an intention to kill or inflict really serious injury, and the firearm, while used, was closely bound up with the offence and not of great additional significance in the circumstances. The offender's lack of prior convictions, good character, remorse, acceptance of responsibility, good rehabilitation prospects, unlikelihood of reoffending, plea of guilty with utilitarian value, and serious spinal condition mitigated sentence. A 12.5% discount was allowed for the plea, the spinal...

Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Criminal Sentencing for Murder / Sentence After Plea of Guilty
Outcome
Matthew James Perry was sentenced for murder to imprisonment for a total term of 17 years and 6 months with a non-parole period of 13 years.
Legal Topics
['murder' 'plea of Guilty' 'objective Seriousness' 'aggravating and Mitigating Factors' 'non Parole Period' 'form One Offences']
['criminal Law' 'sentencing'] ['murder' 'plea of Guilty' 'objective Seriousness' 'aggravating and Mitigating Factors' 'non Parole Period' 'form One Offences']

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Where the offence stood in relation to the midpoint of objective seriousness for murder.' 'Whether aggravating or mitigating factors referred to in Crimes (Sentencing Procedure) Act 1999 (NSW) ss21A(2) and (3) were present.' "What discount should be allowed for the offender's plea of guilty entered at the commencement of trial." "Whether the offender's personal circumstances, prospects of rehabilitation, remorse, lack of prior convictions and spinal condition affected sentence." 'Whether three additional firearm possession offences should be taken into account on sentence.']

Ratio Decidendi

The offence was significantly below the midpoint of objective seriousness for murder because the shooting was spontaneous, not premeditated, and committed with reckless indifference to human life rather than an intention to kill or inflict really serious injury, and the firearm, while used, was closely bound up with the offence and not of great additional significance in the circumstances. The offender's lack of prior convictions, good character, remorse, acceptance of responsibility, good rehabilitation prospects, unlikelihood of reoffending, plea of guilty with utilitarian value, and serious spinal condition mitigated sentence. A 12.5% discount was allowed for the plea, the spinal...

Court Disposition

Matthew James Perry was sentenced for murder to imprisonment for a total term of 17 years and 6 months with a non-parole period of 13 years.

Orders

  • ['For the murder of Jed Coates, and taking into account the offences on Form One, the offender is sentenced to a non-parole period of 13 years commencing on 19 June 2014 and expiring on 18 June 2027.' 'The offender is sentenced to an additional term of 4 years and 6 months commencing on 19 June 2027 and expiring on...