WA v Hatch

[2008] WASCA 162

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Pre-sentence orders
4. › Power to impose
5. › Construction of s 33A(3) of Sentencing Act 1995 (WA)
6. › Whether requirements in paragraphs (a), (b) and (c) cumulative or disjunctive
7. › Whether open to sentencing judge to consider that immediate imprisonment might not be imposed
1. Criminal Law
2. › Sentencing
3. › Drug trafficking offences
4. › Predominant sentencing considerations
5. › General and personal deterrence
6. › Whether personal circumstances can outweigh deterrence considerations
7. › Misuse of Drugs Act 1961 (WA), s 6(1)
1. Criminal Law
2. › Appeal
3. › State appeal against sentence
4. › Appeal against pre-sentence order
5. › Whether pre-sentence order is an order made as a result of conviction
6. › Criminal Appeals Act 2004 (WA), s 24(1)(a)

Quick Take

The three conditions in s 33A(3)(a)-(c) of the Sentencing Act 1995 (WA) for imposing a pre-sentence order are cumulative: all three must be satisfied. For serious drug trafficking offences where general and personal deterrence are the predominant sentencing considerations, a pre-sentence order will not be available where immediate imprisonment is the only appropriate sentencing option, because the sentencing judge cannot properly form the opinion required by s 33A(3)(c) that compliance with the PSO might lead to a non-custodial outcome.