Cummins v WA

[2006] WASCA 201

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against sentence
4. › Application for extension of time
5. › Whether delay satisfactorily explained
6. › Whether appeal likely to succeed
7. › Criminal Appeals Act 2004 (WA), s 27(2)
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Plea of guilty
5. › Obligation to state fact of reduction in open court
6. › Whether sentencing judge complied with s 8(4)
7. › Sentencing Act 1995 (WA), s 8
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Cumulative sentences
5. › Whether sentence 'crushing'
6. › Effect of parole aggregation provisions on cumulative sentences
7. › Sentencing Act 1995 (WA), ss 93, 94

Quick Take

Section 8(4) of the Sentencing Act 1995 (WA) requires only that the sentencing judge state the fact of a reduction for a guilty plea in open court at some point during the sentencing remarks; it does not require the statement to be made at the precise moment of imposing the actual sentence. The interaction of ss 93 and 94 of the Sentencing Act means that cumulative sentences on a prisoner already serving more than 4 years will result in the prisoner effectively serving the full additional term before parole eligibility.