Skipworth v WA

[2008] WASCA 64

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Fraud and forgery offences
4. › Multiple offences over extended period
5. › Whether sentence of immediate imprisonment manifestly excessive
6. › Whether sentence should have been suspended
7. › Sentencing Act 1995 (WA), ss 6(4), 39(2), 76
1. Criminal Law
2. › Sentencing
3. › Suspended imprisonment
4. › Obligation to revisit considerations relevant to imposition of imprisonment when deciding whether to suspend
5. › Whether sentencing judge adequately revisited mitigatory factors
6. › Sentencing Act 1995 (WA), s 76(1), (2)
1. Appeal
2. › Criminal appeal
3. › Sentence appeal
4. › Principles of appellate review of sentencing discretion
5. › Manifest excess
6. › Whether sentence falls outside range of sentences customarily imposed
7. › Criminal Appeals Act 2004 (WA), s 31(4)

Quick Take

A sentence of 2 years 8 months' immediate imprisonment for three fraud offences totalling $120,000 and two forgery/uttering offences committed over 11 months falls within the permissible sentencing range, even where the offender has strong mitigating factors including voluntary confession, early guilty plea, genuine remorse, and low risk of reoffending. The case confirms there is no generally appropriate type of sentence for fraud (unlike stealing as a servant), and that the sentencing range for such offences varies widely with circumstances.