Perkins v R [2018] NSWCCA 62

Perkins v R [2018] NSWCCA 62

Despite errors in the description and assessment of the applicant's subjective circumstances—including failure to adequately account for evidence of childhood disadvantage and substance abuse linked to trauma—no lesser sentence than that imposed was warranted given the seriousness of the offence, presence of intent to kill, and other aggravating features. Thus, leave to appeal is granted but the appeal is dismissed.

Parties
Applicant: Andrew Jerome Perkins; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
16 April 2018
Procedural Posture
Criminal Sentence Appeal / Judgment on Leave to Appeal, Re Sentencing, and Final Disposition
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
Sentencing, Murder, Appeals, Mitigation, Manifest Excess, Childhood Disadvantage
Criminal Law Sentencing Murder Appeals Mitigation Manifest Excess Childhood Disadvantage

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Parties

Andrew Jerome Perkins

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Judgment on Leave to Appeal, Re Sentencing, and Final Disposition

Legal Issues

  1. 1 Whether the sentencing judge failed to take into account the applicant's childhood disadvantage, causes of substance abuse, and prior good character in mitigation
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

Despite errors in the description and assessment of the applicant's subjective circumstances—including failure to adequately account for evidence of childhood disadvantage and substance abuse linked to trauma—no lesser sentence than that imposed was warranted given the seriousness of the offence, presence of intent to kill, and other aggravating features. Thus, leave to appeal is granted but the appeal is dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • Leave to appeal against sentence is granted.
  • The appeal is dismissed.