The case confirms that the M v The Queen test for unsafe or unsatisfactory verdicts requires consideration of the improbability of offences in context, and that circumstances distinguishable from M (such as a large house with separated rooms) may not render convictions unsafe. Failure to apply the mandatory one-third sentence reduction under Schedule 1 of the Sentencing Legislation Amendment and Repeal Act 2003 (WA) constitutes an error of law requiring resentencing.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.