Clarkson v WA

[2006] WASCA 250

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Whether total effective sentence proportionate to total criminality
5. › Multiple offences arising from single episode
1. Criminal Law
2. › Sentencing
3. › One transaction rule
4. › Whether concurrent sentences required for offences constituting one transaction
5. › Whether rule is a principle of law or sentencing
1. Criminal Law
2. › Sentencing
3. › Discount for plea of guilty
4. › Whether failure to quantify discount constitutes error
5. › Desirability of quantification
1. Criminal Law
2. › Sentencing
3. › Mental disability of offender
4. › Whether mental disability reduces moral culpability
5. › Whether general deterrence remains appropriate consideration
6. › Whether protection of community requires maintenance of otherwise proportionate sentence

Quick Take

A failure to quantify the discount for a plea of guilty cannot give rise to an arguable ground of appeal. The 'one transaction' rule does not require concurrent sentences for multiple offences constituting one transaction; the determinative question is whether the total sentence is proportionate to the total criminality. Mental disabilities not causally connected to offending do not reduce moral culpability, and protection of the community may require that an otherwise proportionate sentence not be reduced on account of such disability.