WA v Miller

(2005) 30 WAR 38; [2005] WASCA 53

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Crown appeal against sentence
4. › Considerations applicable to Crown appeals
5. › Whether sentence manifestly inadequate
6. › Whether inadequacy amounts to error in point of principle
1. Criminal Law
2. › Sentencing
3. › Concurrent and cumulative sentences
4. › One transaction rule
5. › Nature of the rule as guideline not rule
6. › Whether applicable where offences invade different legally protected interests
7. › Aggravated burglary and sexual offences
1. Criminal Law
2. › Sentencing
3. › Sexual offences
4. › Aggravated burglary followed by sexual penetration without consent
5. › Vulnerable victim
6. › Premeditation
7. › Late plea of guilty
8. › Sentencing range
1. Criminal Law
2. › Sentencing
3. › Statutory reduction of sentence
4. › Sentencing Legislation Amendment and Repeal Act 2003 (WA), s 22, cl 2(1), Sch 1

Quick Take

The 'one transaction rule' is a guideline, not a binding rule, and does not require fully concurrent sentences where offences invade different legally protected interests. Aggravated burglary (property interest) and sexual offences (bodily and sexual integrity) committed in sequence are not necessarily a single transaction warranting full concurrency. The total sentence must reflect the total criminality of the conduct.