Piccolo v WA

(2007) 173 A Crim R 248; [2007] WASCA 149

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Unreasonable verdict
5. › Circumstantial evidence
6. › Whether open to jury to be satisfied beyond reasonable doubt
7. › Whether each item of circumstantial evidence must be proved beyond reasonable doubt
8. › Whether circumstantial evidence to be considered as a whole
1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Parole eligibility
5. › Discretion to order parole eligibility on finite terms
6. › Whether sentencing judge erred in declining to order parole eligibility
7. › Sentencing Act 1995 (WA), s 89(4)
1. Criminal Law
2. › Sentencing
3. › Parole
4. › Construction of parole eligibility provisions
5. › Whether legislative bias towards parole eligibility survived 2003 amendments
6. › Sentencing Act 1995 (WA), s 89
1. Criminal Law
2. › Sentencing
3. › Life imprisonment
4. › Offences other than murder or wilful murder
5. › Parole eligibility mechanism
6. › Sentence Administration Act 2003 (WA), ss 12A, 25

Quick Take

The court divided on whether the 2003 amendments to s 89 of the Sentencing Act 1995 (WA) removed the previously recognised legislative bias towards parole eligibility: Wheeler JA (Pullin JA agreeing in substance) held the bias survived, while Miller JA held it was removed. For offenders sentenced to life imprisonment for offences other than murder or wilful murder, the Prisoners' Review Board must report to the Minister under s 12A of the Sentence Administration Act 2003 (WA) seven years after the sentence began, and the Governor may then make a parole order under s 25. Section 89 of the Sentencing Act 1995 (WA) has no application to life sentences.