Perkins v R [2007] NSWCCA 80

Perkins v R [2007] NSWCCA 80

The report of Dr Westmore was not 'fresh' evidence as it could have been obtained with due diligence prior to sentencing. Its content was not sufficiently significant to have materially influenced the sentencing judge, who had already considered the applicant's mental health and unusual behaviour. No miscarriage of justice resulted from its absence.

Jurisdiction
Australia
Judgment Date
02 April 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to admit 'fresh' evidence refused; leave to appeal against sentence granted; appeal dismissed
Legal Topics
['sentencing' 'admission of Fresh Evidence']
['criminal Law'] ['sentencing' 'admission of Fresh Evidence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the report of Dr Westmore should be admitted as 'fresh' evidence on the sentence appeal" 'Whether a miscarriage of justice resulted from absence of psychiatric evidence at sentencing']

Ratio Decidendi

The report of Dr Westmore was not 'fresh' evidence as it could have been obtained with due diligence prior to sentencing. Its content was not sufficiently significant to have materially influenced the sentencing judge, who had already considered the applicant's mental health and unusual behaviour. No miscarriage of justice resulted from its absence.

Court Disposition

Leave to admit 'fresh' evidence refused; leave to appeal against sentence granted; appeal dismissed

Orders

  • ["Leave to admit as 'fresh' evidence the report of Dr Westmore of 9 October 2006 is refused" 'Leave to appeal against sentence is granted' 'The appeal is dismissed']