R v Perish; Perish & Lawton [2012] NSWSC 355

R v Perish; Perish & Lawton [2012] NSWSC 355

Sentences for murder and conspiracy to murder reflect high objective seriousness and careful planning, with concurrency as offences form one course of conduct. Motive is not a mitigating factor but lessens need for personal deterrence. Good behaviour and lack of prior violent history give modest mitigation. No special circumstances justify variance of statutory ratio between non-parole period and term. Victim impact statements do not affect sentence.

Jurisdiction
Australia
Judgment Date
13 April 2012
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentencing
Legal Topics
['murder' 'conspiracy to Murder' 'sentencing']
['criminal Law'] ['murder' 'conspiracy to Murder' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Sentencing for murder and conspiracy to murder' 'Assessment of objective seriousness and culpability' 'Consideration of motive for offence' 'Mitigating and aggravating factors for sentence']

Ratio Decidendi

Sentences for murder and conspiracy to murder reflect high objective seriousness and careful planning, with concurrency as offences form one course of conduct. Motive is not a mitigating factor but lessens need for personal deterrence. Good behaviour and lack of prior violent history give modest mitigation. No special circumstances justify variance of statutory ratio between non-parole period and term. Victim impact statements do not affect sentence.

Court Disposition

conviction and sentencing

Orders

  • ['Anthony John Perish: Convicted of murder, sentenced to 24 years imprisonment commencing 19 March 2009, non-parole period 18 years to 18 March 2027' 'Anthony John Perish: Convicted of conspiracy to murder, sentenced to 14 years imprisonment commencing 19 March 2009, non-parole period 10 years 6 months to 18...