Hodges v Hagan

[2001] WASCA 41

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Whether sentence outside appropriate range
6. › Receiving stolen property
7. › Offences committed under pressure from drug-addicted family members
8. › Nine-year gap in offending
9. › Sole parent of young children
1. Criminal Law
2. › Sentencing
3. › Suspended sentences
4. › General deterrence
5. › Whether suspended sentence provides significant general deterrence
6. › Whether magistrate erred in discounting deterrent value of suspended sentence
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Prior criminal record
5. › Significance of lengthy period free from conviction
6. › Whether cessation of offending for nine years constituted significant mitigation
1. Appeal
2. › Criminal appeal
3. › Sentence appeal
4. › Standard of appellate review
5. › Whether error of principle or miscarriage of justice
6. › House v The King principles

Quick Take

A suspended term of imprisonment, being the second most serious disposition available to the court, can be regarded as having general deterrent value in an appropriate case, and the view expressed by Kennedy J in Van Thong Dao that suspended sentences do not generally provide significant general deterrence should not be followed. A lengthy period free from conviction (here, 9 years) following a significant criminal history constitutes significant mitigation and should not be discounted.