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Court of Criminal Appeal 12 October 2001

Regina v Perrin

[2001] NSWCCA 422

Assault & violenceTheft & propertyFirearms & weapons
CRIMINAL LAW AND PROCEDURE SENTENCE ARMED ROBBERY YOUNG OFFENDER THE OFFENCES WITHIN 24 HOURS DISCOUNT FOR GUILTY PLEA AND CONTRITION

Citation: Regina v Perrin [2001] NSWCCA 422
Court: NSW Court of Criminal Appeal
Date: 12 October 2001
Judge(s): Grove J, Howie J

Background

A nineteen-year-old man with no prior convictions committed two armed robberies within a single 24-hour period. He attended a Blockbuster video store in the afternoon and produced the handle of a kitchen knife, obtaining approximately $330 from staff. The following morning he attempted a similar robbery at a McDonald's outlet, fleeing on a bicycle before escaping on foot after a collision.

Several days later, aware that police had an interest in him, the applicant presented himself voluntarily at Parramatta Police Station and made a full confession to both offences. He pleaded guilty when charged, and maintained that plea through to the District Court.

Sorby DCJ sentenced him to four years imprisonment (non-parole period of two years) on the first count and four years and six months (non-parole period of two years and six months) on the second count, to run concurrently from the same date. The applicant sought leave to appeal on the basis that the sentences were excessive.

  • Whether the sentencing judge applied an adequate discount for the applicant's guilty plea and early voluntary confession, having regard to the principles in Regina v Henry as clarified by Regina v Thompson
  • Whether the sentencing judge correctly characterised the degree of planning involved in the offences
  • Whether, taken together with the applicant's youth, rehabilitation prospects, and lack of prior convictions, the overall sentences were manifestly excessive

Decision

The Court of Criminal Appeal granted leave to appeal and allowed the appeal, finding that the sentencing judge had not applied a sufficient discount in the circumstances. Grove J observed that the 25 per cent discount applied by his Honour may have been appropriate for a guilty plea of limited utilitarian value, but that the present plea was as early as could be imagined and accompanied by a voluntary confession made before any charge was laid.

Howie J agreed, noting that the voluntary attendance at the police station and full confession warranted an additional discount beyond what would ordinarily apply to a guilty plea. Although the Court acknowledged this may not have been a case where discovery by police was impossible, the voluntary nature of the confession remained a distinct mitigating factor.

The Court also took issue with the characterisation of the offences as involving significant planning. Grove J drew a distinction between mere contemplation of an offence and actual planning, finding the former did not warrant the same weight in sentencing. The applicant's youth, absence of prior convictions, gambling-related financial difficulties, engagement with Gamblers Anonymous, and strong in-custody progress all supported a more lenient outcome.

The Court proceeded to resentence, substantially reducing the head sentences and the non-parole period. Both judges emphasised that the decision was reached on its particular facts and established no general principle applicable to other cases.

Orders Made

  • Leave to appeal granted
  • Appeal allowed
  • Sentences imposed in the District Court quashed
  • On the first count: imprisonment for 1 year and 9 months, commencing 6 February 2001 and expiring 5 November 2002; no non-parole period set for this count
  • On the second count: imprisonment for 3 years and 6 months, commencing 6 February 2001, with a non-parole period of 1 year and 9 months commencing 6 February 2001 and expiring 5 November 2002
  • The applicant became eligible for release to parole from 5 November 2002

Key Takeaways

  • A voluntary attendance at a police station to make a full confession, before charge, can attract a sentencing discount that is additional to and separate from the discount applied for a guilty plea, even where police may ultimately have identified the offender in any event.
  • The Court of Criminal Appeal confirmed that the clarification of Regina v Henry in Regina v Thompson is directly relevant to the weight given to guilty pleas: where a plea is entered at the earliest possible opportunity, a discount confined to the utilitarian value of the plea alone may be insufficient.
  • Contemplating an offence over a period of weeks is not, without more, equivalent to planning it for the purposes of sentencing, and the two concepts carry different weight in a sentencing assessment.
  • In resentencing a young offender with no prior record, favourable factors including genuine rehabilitation efforts, in-custody conduct, and insight into underlying problem behaviour can collectively produce a significantly reduced sentence.
  • The Court explicitly stated that this decision was determined on its own facts and circumstances by a two-judge bench, and does not indicate the appropriate sentence in other factual scenarios.

Legislation and Cases Referenced

Cases:
- Regina v Henry (guideline judgment on armed robbery sentencing)
- Regina v Thompson (clarification of guideline judgments including Regina v Henry)

Legislation:
- No specific legislation was cited by name in the text provided; however, reference was made to a statutory provision governing the proportion of non-parole period to head sentence (the sentencing judge having found special circumstances justifying a departure from that proportion).