Krencej v R

[1999] WASCA 20

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifestly excessive sentence
5. › Youth of offender as mitigating factor
6. › Whether sentencing judge failed to take youth into account
1. Criminal Law
2. › Sentencing
3. › Disputed facts
4. › Sentencing on basis of prosecution assertions denied by prisoner
5. › Whether sentencing must proceed on prisoner's version where facts not established at trial
1. Criminal Law
2. › Sentencing
3. › Starting point
4. › Aggravated sexual penetration
5. › Whether offence properly characterised as worst category
6. › Maximum penalty as starting point
1. Criminal Law
2. › Sentencing
3. › Cumulative and concurrent sentences
4. › Totality principle
5. › Whether sentence for armed robbery of motor vehicle properly made cumulative

Quick Take

Where a prisoner disputes the prosecution's statement of facts and the disputed facts are not the subject of a trial, the sentencing judge must proceed on the prisoner's version. Youth remains a mitigating factor even for the most serious offences including aggravated sexual assault, and a sentencing judge must indicate that youth has been taken into account. A sentence approaching the maximum should not be imposed unless the offence falls into the worst category.