Bentley v WA

[2007] WASCA 38

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Resentencing by appellate court
5. › Misapprehension by sentencing judge as to effect of sentence structure
6. › New psychiatric evidence of schizoaffective disorder
7. › Criminal Appeals Act 2004 (WA), s 31(2)
1. Criminal Law
2. › Sentencing
3. › Factors relevant to sentence
4. › Mental illness
5. › Schizoaffective disorder undetected at time of sentencing
6. › Effect on moral culpability
7. › Whether mental illness contributed to offending
1. Criminal Law
2. › Sentencing
3. › Cumulative and concurrent sentences
4. › Totality principle
5. › Interaction with sentences imposed by another court
6. › Allowance for time in custody not previously credited
7. › Sentencing Act 1995 (WA)
1. Criminal Law
2. › Sentencing
3. › Parole eligibility
4. › Whether sentencing court may have regard to effect of Sentencing Act on parole eligibility
5. › Whether court may structure sentences to permit advantage of parole order made by another court

Quick Take

A sentencing court in Western Australia may have regard to the effect of the Sentencing Act 1995 (WA) on the sentence it imposes where the operation of that Act may negate or significantly alter the effect of an order made by the sentencing court or another sentencing court, but it is not proper to mould head sentences with an eye to a particular non-parole period. Voluntary substance abuse is not mitigating, but subsequent steps to address substance abuse may be relevant to specific deterrence. A previously undetected psychiatric disorder (schizoaffective disorder) that contributed to offending may warrant resentencing where it reduces moral culpability and diminishes the weight to be given to community protection.