Delavale v WA

[2009] WASCA 111

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Manifestly excessive sentence
4. › Doing an act likely to endanger life, health or safety with intent to harm
5. › Whether sentence of 7 years 6 months manifestly excessive
6. › Criminal Code (WA), s 304(2)(b)
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Self-induced drug intoxication
5. › Whether amphetamine-induced rage mitigates criminal culpability
6. › Sentencing Act 1995 (WA), s 6(1)
1. Criminal Law
2. › Sentencing
3. › Starting point
4. › Maximum penalty reserved for worst case
5. › Whether starting point of 15 years for offence with 20-year maximum was excessive
6. › Criminal Code (WA), s 304(2)

Quick Take

Self-induced amphetamine intoxication causing violent rage is not a mitigating factor in sentencing, particularly where the offender is an habitual drug user with past drug-related violent offending, displays minimal remorse, and demonstrates no acceptance of responsibility. For offences under s 304(2)(b) of the Criminal Code (WA), a sustained and vicious assault causing life-threatening injuries with failure to seek medical assistance is properly categorised as towards the upper end of the range of severity.