Court of Criminal Appeal Citation : Wood v The Queen

[2002] WASCA 175

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Murder
4. › Mandatory life imprisonment
5. › Minimum term before parole eligibility
6. › Whether discretion miscarried
7. › Whether trial judge failed to give sufficient weight to youth and prospects of rehabilitation
8. › Sentencing Act 1995 (WA), s 90(1)
1. Criminal Law
2. › Sentencing
3. › Appellate review of sentence
4. › Discretionary judgment in fixing minimum term
5. › Principles governing appellate interference
6. › Whether minimum term falls outside range of sound discretionary judgment

Quick Take

The minimum period to be fixed in relation to a mandatory life sentence for murder is that period which justice requires the offender to serve before becoming eligible for parole, having regard to all circumstances including offence seriousness and the offender's rehabilitation prospects. The longest available minimum period is not reserved for the worst conceivable case. In cases of serious violence during property offences, the inherent seriousness of the offending and deterrence factors may significantly limit the practical recognition that can be given to personal mitigation including youth.