Williams v WA

[2007] WASCA 88

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parole eligibility
4. › Change in parole regime between date of offence and date of sentence
5. › Whether offender entitled to benefit of more favourable earlier regime
6. › Whether express statutory provision overrides general transitional protections
7. › Offenders Community Corrections Act 1963 (WA), s 40D(2c), (2d), (2f)
8. › Criminal Law Amendment Act 1994 (WA)
1. Statutory Interpretation
2. › Transitional provisions
3. › General versus specific provisions
4. › Whether express retrospective application provision overrides general transitional protections
5. › Criminal Code (WA), s 11
6. › Interpretation Act 1984 (WA), s 37
7. › Offenders Community Corrections Act 1963 (WA), s 40D(2f)

Quick Take

Section 40D(2f) of the Offenders Community Corrections Act 1963 (WA) expressly applied the 1994 parole eligibility amendments to offenders irrespective of when the offence was committed, overriding the general transitional protections in s 11 of the Criminal Code (WA) and s 37 of the Interpretation Act 1984 (WA). The setting of a minimum term under s 40D(2c) and (2d) was not an order under s 37A(1) declaring parole eligibility, so s 37A(6)(e) did not render s 40D(2f) beyond power.

Case Details

Citation[2007] WASCA 88

CourtWASCA

JurisdictionWestern Australia

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Cited by1

2007The State of Western Australia v SeelWASCA 271

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