Narkle v Hamilton

[2008] WASCA 31

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Time spent in custody on remand
4. › Whether s 87 of Sentencing Act 1995 (WA) exhaustive of circumstances in which credit may be given
5. › Whether court retains general discretion outside s 87
6. › Sentencing Act 1995 (WA), s 87
1. Criminal Law
2. › Sentencing
3. › Time spent in custody on remand
4. › Custody on unrelated charges
5. › Offender acquitted of unrelated charges
6. › Whether time on remand for unrelated charges may be taken into account in sentencing for subject offence
1. Statutory Interpretation
2. › Construction of sentencing legislation
3. › Whether statutory provision exhaustive or facilitative
4. › Legislative history and second reading speech
5. › Sentencing Act 1995 (WA), s 87

Quick Take

Section 87 of the Sentencing Act 1995 (WA) does not exhaustively prescribe the circumstances in which a sentencing court may take time spent in custody on remand into account. Courts retain a general discretion to consider time spent on remand for unrelated charges, including charges of which the offender was acquitted, as part of the sentencing exercise. The discretion extends to considering whether there has been some degree of retribution, the impact on rehabilitation, and the need for personal deterrence.