06 July 2016

Director's Appeal dismissed

The Court of Appeal has dismissed an appeal by the Director of Public Prosecutions against the sentence given to a man who stabbed and killed a Hastings jewellery shop owner during an armed robbery in July 2013. However, the Court  commented in its judgment that sentencing practices for statutory murder need to change.

"Sentencing standards for statutory murder must be increased to properly reflect the objective gravity of the offence, which carries the same maximum penalty as common law murder. The range of sentences for statutory murder — from the least serious to the most serious instances of the offence — should be encompassed within the range of sentences for common law murder," the Court said.

Gavin Perry pleaded guilty to statutory murder, intentionally causing injury, and to three counts of armed robbery and was sentenced in the Supreme Court to a total effective sentence of 27 years' imprisonment, with a non-parole period of 23 years.

The DPP John Champion S.C. appealed the sentence on the grounds it was manifestly inadequate. The Court of Appeal dismissed  the Director's appeal and refused Perry's application for leave to appeal the sentence.

For further information contact:

Anthony Loncaric

03 9603 2603
0400 494 962