Hayden v The Queen

[2003] WASCA 210

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Interaction with outstanding parole days
5. › Whether totality principle applies where new sentences do not increase total time to be served
6. › Sentencing Act 1995 (WA), s 88
7. › Sentence Administration Act 1995 (WA), ss 7, 8
1. Criminal Law
2. › Sentencing
3. › Order of service of sentences
4. › Concurrent and cumulative sentences
5. › Effect of concurrent sentences on outstanding parole days
6. › Sentence Administration Act 1995 (WA), s 8
1. Criminal Law
2. › Sentencing
3. › Armed robbery
4. › Whether sentence of 5 years manifestly excessive
5. › Sentencing range for armed robbery
1. Criminal Law
2. › Sentencing
3. › Parole eligibility
4. › Refusal to order parole
5. › Repeated breach of parole orders
6. › Sentencing Act 1995 (WA)

Quick Take

The totality principle does not require amelioration of a sentence where the new sentences are served concurrently with outstanding parole days and do not increase the total time the offender is liable to serve. Section 8 of the Sentence Administration Act 1995 (WA) is an administrative provision governing the order of service for release purposes, not an interference with the judicial discretion to order concurrent or cumulative sentences. The sentencing range for a single offence of armed robbery in Western Australia is 6 to 9 years imprisonment.