Perrin v Regina [2006] NSWCCA 64

Perrin v Regina [2006] NSWCCA 64

The sentencing judge erred by sentencing the applicant on a factual basis not supported by the evidence tendered against him and by treating as aggravating factors certain matters which were not justified; as a result, the sentence was manifestly excessive and should be quashed, and the applicant resentenced on the proper factual basis.

Parties
Applicant: Leigh Paul Perrin; Respondent: Regina
Jurisdiction
Australia
Judgment Date
15 March 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed; applicant resentenced.
Legal Topics
Sentencing, Error of Fact, Aggravating Factors, Manifest Excess, Resentencing
Criminal Law Sentencing Error of Fact Aggravating Factors Manifest Excess Resentencing

Case Brief

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Parties

Leigh Paul Perrin

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by relying on evidence not admitted against the applicant
  2. 2 Whether treating the victim's age as an aggravating factor was an error
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge erred by sentencing the applicant on a factual basis not supported by the evidence tendered against him and by treating as aggravating factors certain matters which were not justified; as a result, the sentence was manifestly excessive and should be quashed, and the applicant resentenced on the proper factual basis.

Court Disposition

Appeal allowed; sentence quashed; applicant resentenced.

Orders

  • Leave to appeal against sentence granted.
  • Appeal allowed; sentence quashed.