Court of Criminal Appeal Citation : Playle v The Queen

[2004] WASCA 86

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Sexual offences
4. › Intrafamilial sexual assault
5. › Multiple offences against child
6. › Offences committed in company with child's mother
7. › Whether sentence of 10 years' imprisonment manifestly excessive
8. › Criminal Code (WA), ss 329(2), 329(4)
1. Criminal Law
2. › Sentencing
3. › Discount for plea of guilty
4. › Whether sentencing judge required to specify starting point or percentage discount
5. › Plea following negotiations not at earliest opportunity
1. Criminal Law
2. › Sentencing
3. › Discount for cooperation with authorities
4. › Failure to specify extent of reduction
5. › Whether failure to comply with s 8(5) of Sentencing Act 1995 (WA) occasioned injustice
6. › Sentencing Act 1995 (WA), ss 8(5), 37(a)

Quick Take

A sentencing judge is not obliged to specify a 'starting point' for sentence before applying a discount for a plea of guilty; the relevant question is whether the ultimate sentence properly reflects the degree of criminality having regard to the plea and cooperation. Not every fast-track plea of guilty will attract a discount of 30 per cent. Failure to comply with s 8(5) of the Sentencing Act 1995 (WA) by not specifying the cooperation discount is an error, but will not result in the sentence being disturbed if no injustice is occasioned.