Schriever v WA

[2008] WASCA 133

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Voluntary disclosure of guilt
5. › Offence would not otherwise have been discovered
6. › Whether additional discount required beyond plea of guilty discount
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple sexual offences against children
5. › Whether total effective sentence bore proper relationship to overall criminality
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Indecent dealing with child under 13
5. › Sexual penetration of child under 13
6. › Comparable sentences
1. Criminal Law
2. › Appeal
3. › Appeal against severity of sentence
4. › Principles governing appellate review of sentencing discretion
5. › Criminal Appeals Act 2004 (WA), s 31(4)(a)

Quick Take

Where an offender voluntarily discloses an offence that could not otherwise have been discovered, the sentencing court must allow an additional discount beyond the standard fast-track plea of guilty discount (ordinarily 20-35%). Failure to do so constitutes an error in principle justifying appellate intervention. The case also provides a useful survey of comparable sentences for multiple sexual offences against children in Western Australia.