Keating v WA

[2006] WASCA 65

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Application for leave to appeal
5. › Whether reasonable prospects of success
6. › Criminal Appeals Act 2004 (WA), s 27
1. Criminal Law
2. › Sentencing
3. › Cumulative and concurrent sentences
4. › One transaction rule
5. › Whether offences committed over five to six-hour period constituted single transaction
6. › Whether sentencing judge's exercise of discretion to impose cumulative sentences was in error
1. Criminal Law
2. › Sentencing
3. › Discount for guilty plea
4. › Duty to disclose in open court that reduction made for guilty plea
5. › Whether failure to initially disclose constituted appellable error where disclosure subsequently made

Quick Take

The one transaction rule will not apply where offences were deliberately planned and carried out systematically over a period of hours, even where they occurred in a single location against a single victim. A sentencing judge discharges the duty to acknowledge a guilty plea discount by disclosing in open court that a reduction was made, without needing to specify the extent of the reduction. Prosecution counsel should prompt the sentencing judge to make such disclosure if it is not volunteered.