The setting of a minimum period under s 90(1) of the Sentencing Act 1995 (WA) constitutes an 'order' under that Act within the definition of 'sentence' in s 703 of the Criminal Code (WA), making it amenable to an application for leave to appeal under s 688(1a)(b). However, this was a 2-1 majority and Murray J's dissent raises a substantial contrary argument. A minimum term of 11 years (6 months above the midpoint of the 7-14 year range) was upheld for a brutal, unprovoked murder of an intoxicated and defenceless victim, notwithstanding the offender's mild intellectual disability, deprived background, and plea of guilty.
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