Davis v WA

[2007] WASCA 147

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Leave to appeal against sentence
4. › Whether grounds have reasonable prospect of succeeding
5. › Turns on own facts
1. Criminal Law
2. › Sentencing
3. › Multiple offences
4. › Totality principle
5. › Whether aggregate sentence fairly reflects total criminality
6. › Armed robbery offences committed over 20-day period
1. Criminal Law
2. › Sentencing
3. › Multiple offences
4. › One transaction rule
5. › Whether armed robberies committed on separate occasions constitute single transaction
6. › Sentencing Act 1995 (WA), s 32
1. Criminal Law
2. › Sentencing
3. › Transparency
4. › Obligation to state mitigating factor taken into account
5. › Whether court required to state precise discount for guilty plea
6. › Sentencing Act 1995 (WA), s 8(4)

Quick Take

Section 8(4) of the Sentencing Act 1995 (WA) requires only that the court state in open court that a sentence has been reduced because of a mitigating factor; it does not require the court to state the precise discount given for a plea of guilty. Separate armed robberies committed on different occasions against different victims are properly treated as separate and distinct offences for sentencing purposes, and the one transaction rule does not apply to require concurrent sentences.