Court of Criminal Appeal Citation : "Dri" (a Child) v Read

[2004] WASCA 240

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Road traffic offences
4. › Dangerous driving causing death
5. › Young offender
6. › Whether sentence of imprisonment should have been suspended
7. › Combination of mitigating factors
8. › General deterrence largely accomplished by imposition of imprisonment
9. › Sentencing Act 1995 (WA), s 39(2)(f)
10. › Young Offenders Act 1994 (WA)
1. Criminal Law
2. › Sentencing
3. › Appellate review
4. › Exercise of sentencing discretion
5. › Whether discretion miscarried
6. › Suspension of sentence of imprisonment

Quick Take

Where a sentencing judge imposes a term of imprisonment on a young offender for dangerous driving causing death, the combination of the offender's youth, good character, remorse, early plea, lack of need for personal deterrence, the short length of the sentence, the fact it would be served in an adult prison, and the attitude of victims and prosecution may require suspension. General deterrence is largely accomplished by the imposition of a sentence of imprisonment itself, and a suspended sentence of imprisonment is a very serious sentencing disposition.