Review of a single judge of appeal's decision under s 61(3) of the Supreme Court Act 1935 (WA) requires demonstration of error, not a fresh assessment. However, where the decision under review involves the objective test under s 27(2) of the Criminal Appeals Act 2004 (WA), a different assessment by the Court of Appeal as to whether a ground has a reasonable prospect of succeeding will ordinarily imply error. The totality principle does not preclude a 24-year effective sentence for sexual offences in the worst category where community protection is the determinative factor, even where the offender is already serving life imprisonment.
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