Seroka v WA

[2006] WASCA 284

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Multiple offences
4. › Cumulative and concurrent sentences
5. › Totality principle
6. › Whether totality principle includes rule that aggregate sentence must not exceed maximum for most serious individual offence
7. › Sentencing Act 1995 (WA), s 88
1. Criminal Law
2. › Sentencing
3. › Multiple offences
4. › Cumulative and concurrent sentences
5. › Whether s 88 of Sentencing Act 1995 (WA) creates presumption of concurrency
6. › Sentencing Act 1995 (WA), s 88
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Whether aggregate sentence manifestly excessive
5. › Criminal Appeals Act 2004 (WA), s 31(4)

Quick Take

There is no rule in Western Australian sentencing law that the total effective sentence for multiple offences must not exceed the maximum sentence available for the most serious individual offence. The totality principle requires only that the aggregate sentence be a just and appropriate measure of total criminality. Section 88 of the Sentencing Act 1995 (WA) establishes concurrency as the starting position but does not create a 'presumption' of concurrency that must be displaced.