Court of Criminal Appeal Citation : Smoker v The Queen

[2001] WASCA 388

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parole eligibility
4. › Discretion under s 89 Sentencing Act 1995 (WA)
5. › Whether error in declining to order parole eligibility
6. › Offence committed while on parole
7. › Significance of prior breaches of parole
8. › Sentencing Act 1995 (WA), s 89

Quick Take

The commission of a serious offence while on parole is normally almost always decisive against parole eligibility under s 89 of the Sentencing Act 1995 (WA), and the more serious the offence committed, the more telling the consideration against parole. While factors such as youth, substance abuse issues, and length of sentence may generally favour parole eligibility, they may be outweighed by a history of breaching parole and the seriousness of the offence committed on parole.