Court of Criminal Appeal Citation : Cable v The Queen

[2001] WASCA 390

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Motor vehicle theft and reckless driving
4. › Assessment of objective seriousness
5. › Whether offence 'close to the top of the range'
6. › Relevance of duration of offending, time of night, and traffic conditions
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Youth of offender
5. › Whether youth should be discounted where offence type typically committed by young persons
6. › Relevance of lack of judgment associated with youth
1. Criminal Law
2. › Sentencing
3. › Armed robbery in company
4. › Whether sentence of 5 years' imprisonment manifestly excessive
1. Criminal Law
2. › Sentencing
3. › Cumulative sentences
4. › Totality principle
5. › Whether total effective sentence of 7 years' imprisonment excessive for young first-time prisoner

Quick Take

Youth remains a relevant mitigating factor in sentencing even where the offence type is predominantly committed by young offenders; the fact that young people lack the judgment that comes with age is a matter that should properly be taken into account. A sentencing judge errs by declining to make any allowance for youth on the basis that the offence type is primarily committed by young people.

Case Details

Citation[2001] WASCA 390

CourtWASCA

JurisdictionWestern Australia

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The full text is available to signed-in members, including the 2 later cases that cite this judgment.

Cited by2

2002Hayes v The QueenWASCA 56
2002Dixon v ScottWASCA 280

Relies on7

2000Cabassi v The QueenWASCA 305
2000Hume v The QueenWASCA 306
1999Colbung v The QueenWASCA 138
1999R v ShaharuddinWASCA 229
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