Howorth v WA

[2007] WASCA 78

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Multiple offences
4. › Burglary and theft of motor vehicles
5. › Totality principle
6. › Whether aggregate sentence manifestly excessive
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Rehabilitation
5. › Weight to be given to demonstrated rehabilitation between offending and sentencing
6. › Complete abstinence from drug use and offending over five years
1. Criminal Law
2. › Sentencing
3. › Multiple offences
4. › Property offences
5. › Cumulative and concurrent sentences
6. › Appropriate approach to cumulation for property crimes committed to fund drug addiction

Quick Take

For multiple offences of burglary and motor vehicle theft in Western Australia, sentences exceeding 10 years (pre-transitional provisions) are appropriate only where the offending includes very serious offences such as armed robbery or involves a very significant number of offences. Where there are no such aggravating offences and there are mitigating factors including a plea of guilty, appropriate sentences for around a dozen offences appear to be of the order of 9 years pre-transitional provisions or less. Demonstrated rehabilitation over a significant period (here, five years of abstinence from drugs and offending) is an 'exceptional circumstance' warranting significant weight in sentencing.