Woodley v WA

[2008] WASCA 92

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Whether sentences manifestly excessive
5. › Aggravated burglary and sexual penetration without consent
6. › Criminal Code (WA), ss 317, 325, 333, 401
1. Criminal Law
2. › Sentencing
3. › Cumulation and concurrency
4. › Totality principle
5. › One transaction rule
6. › Whether offences part of one multifaceted course of criminal conduct
7. › Whether total concurrency would adequately reflect total criminality
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Aboriginality and cultural factors
5. › Whether cultural considerations of maintaining 'good face' mitigate sentence
1. Appeal
2. › Extension of time
3. › Criminal appeal
4. › Whether failure to grant extension would result in miscarriage of justice
5. › Assessment of merits

Quick Take

The one transaction rule does not require total concurrency where that would inadequately reflect total criminality. Cultural factors such as maintaining 'good face' may explain motive but do not mitigate culpability for violent and sexual offences. The general sentencing range for a single act of penile penetration without consent is 6-9 years (4-6 years under the new sentencing regime).