WA v Redman

[2009] WASCA 1

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Grievous bodily harm
4. › Manifest inadequacy of sentence
5. › Whether sentence outside range of sound sentencing discretion
6. › Relevance of maximum penalty, customary sentencing range, seriousness of offence and personal circumstances
7. › Criminal Code (WA), s 297
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence by the State
4. › Principles governing appellate review
5. › Whether appellate court may substitute its own opinion for that of sentencing judge
6. › Criminal Appeals Act 2004 (WA), s 41(4)
1. Criminal Law
2. › Sentencing
3. › Transitional provisions
4. › Reduction of sentence by one-third
5. › Whether reduction of sentence on one count should be reflected in total sentence
6. › Sentencing Legislation Amendment and Repeal Act 2003 (WA), sch 1 cl 2(1)
1. Criminal Law
2. › Sentencing
3. › Multiple offences
4. › Concurrency and totality
5. › Whether sentences should be concurrent or cumulative
6. › Sentencing Act 1995 (WA), s 88(4)

Quick Take

The post-transitional sentencing range for unlawfully causing grievous bodily harm (s 297 Criminal Code (WA)) extends from 8 months to 5 years 4 months' imprisonment. Where the violence is spontaneous and isolated (a single punch), the offender has no prior convictions and demonstrates remorse, and the offender is not criminally responsible for the victim's death, a sentence towards the lower end of the range is within a sound sentencing discretion. The acquittal on manslaughter means the victim's death is an irrelevant sentencing consideration for the grievous bodily harm offence.