Cockie v WA

[2006] WASCA 66

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parole eligibility
4. › No parole eligibility order
5. › Whether reduction in sentence should be made where parole denied
6. › Sentencing Act 1995 (WA), ss 6(3), 6(4), 89(1), 89(4)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple offences
5. › Whether appropriate to achieve totality by concurrency rather than reducing individual sentences
1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against sentence
4. › Whether reasonable prospects of succeeding
5. › Criminal Appeals Act 2004 (WA), s 27(2)

Quick Take

Under s 89(1) of the Sentencing Act 1995 (WA), read with ss 6(3) and 6(4), there is no direct relationship between the length of a term of imprisonment and whether or not a person is made eligible for parole. A sentencing judge is not required to reduce an otherwise appropriate sentence by reason of declining to make a parole eligibility order, including where the offender has indicated they do not wish to be considered for parole.