Parfitt v WA

[2007] WASCA 11

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Assault with intent to cause grievous bodily harm
4. › Stealing with violence
5. › Offender a juvenile at time of offending
6. › Joint trial with adult co-offender
7. › Whether sentence manifestly excessive
8. › Whether adequate consideration given to principles of juvenile justice
9. › Young Offenders Act 1994 (WA), ss 46, 50B
1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Co-offenders receiving different sentences
5. › Whether disparity gave rise to justifiable sense of grievance
6. › Relevance of guilty plea discount
7. › Relevance of excessively lenient sentence on co-offender
1. Criminal Law
2. › Sentencing
3. › Sentencing options
4. › Whether intensive supervision order may be imposed concurrently with immediate imprisonment
5. › Sentencing Act 1995 (WA), s 39(2)(e)

Quick Take

An intensive supervision order cannot be imposed under s 39(2)(e) of the Sentencing Act 1995 (WA) where the offender is subject to a concurrent term of immediate imprisonment on another count, because the court must be able to order the offender's release when imposing an ISO. The parity principle is not breached where sentencing disparity between co-offenders is a reasonable consequence of different factors including guilty plea discounts, and an excessively lenient sentence on one co-offender does not require a similar error for another.