Court of Criminal Appeal Citation : Taylor v The Queen

[2004] WASCA 31

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Parole eligibility
4. › Refusal to make parole eligibility order
5. › Whether sentencing judge erred in declining to make order
6. › Seriousness of offence
7. › Significant criminal record
8. › Repeated non-compliance with parole conditions
9. › Sentencing Act 1995 (WA), s 89(4)

Quick Take

Where all three factors in s 89(4)(a)-(c) of the Sentencing Act 1995 (WA) are present — serious offences, significant criminal record, and repeated non-compliance with parole — it is open to a sentencing judge to decline to make a parole eligibility order, notwithstanding evidence of the offender's emerging insight and rehabilitation efforts.