Dukes v Barrett

(2001) 125 A Crim R 136; [2001] WASCA 338

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Stealing as a servant
4. › Breach of trust
5. › Property of little value
6. › Whether aggregate sentence of 12 months' imprisonment manifestly excessive
7. › Criminal Code (WA), s 378(7), s 426
8. › Sentencing Act 1995 (WA), s 6, s 8(2), s 39, s 87
1. Criminal Law
2. › Sentencing
3. › Guilty plea
4. › Discount for early plea of guilty
5. › Whether sentencing magistrate failed to give sufficient weight to plea
6. › Sentencing Act 1995 (WA), s 8(2)
1. Criminal Law
2. › Sentencing
3. › Imprisonment as last resort
4. › Sentencing options
5. › Whether magistrate failed to properly consider alternatives to immediate imprisonment
6. › Sentencing Act 1995 (WA), s 39
1. Criminal Law
2. › Sentencing
3. › Stealing as a servant
4. › Summary conviction
5. › Maximum penalty
6. › Whether s 426(4) lesser penalty applies to stealing as a servant or only to general offence of stealing
7. › Criminal Code (WA), s 426(2), s 426(4)

Quick Take

For stealing as a servant dealt with summarily, the maximum penalty under s 426(2) of the Criminal Code (WA) is 2 years' imprisonment or $8,000 fine, even where the value of property is less than $1,000; the reduced penalty in s 426(4) applies only to the general offence of stealing under s 378. An aggregate sentence of 12 months' imprisonment for stealing approximately $109 over two nightshifts from a service station was manifestly excessive, particularly where the sentencing court failed to discount for an early guilty plea and failed to properly consider alternatives to immediate imprisonment.