Court of Criminal Appeal Citation : R v White

[2002] WASCA 112

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Cumulative and concurrent sentences
4. › Principles for accumulation of sentence
5. › Whether offences of distinct character committed in short period should attract cumulative sentences
6. › Whether failure to give reasons for concurrency constituted error
1. Criminal Law
2. › Sentencing
3. › Crown appeal against sentence
4. › Principles governing appellate intervention
5. › Whether total effective sentence was inadequate
6. › Whether sentencing discretion miscarried
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Adjustment of cumulative sentences to avoid oppressive total
5. › Allowance for fast-track guilty plea and moderation on Crown appeal

Quick Take

Where serious offences of distinct character (violent and sexual) are committed over a short period against the same victim, a sentencing judge must give reasons for ordering concurrent sentences, and the 'one transaction' rule does not automatically apply where the offences constitute invasions of different legally protected interests. On re-sentencing following a successful Crown appeal, partial rather than full cumulation may be appropriate to account for the guilty plea discount and the moderation required on Crown appeals.