WA v Tik

(2009) 196 A Crim R 361; [2009] WASCA 122

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › State sentence appeal
4. › Manifestly inadequate sentence
5. › Child abuse offences
6. › Reckless conduct resulting in physical, emotional and psychological abuse
7. › Whether starting point produced manifestly inadequate sentence after discount
8. › Children and Community Services Act 2004 (WA), s 101(1)
1. Criminal Law
2. › Sentencing
3. › State sentence appeal
4. › Manifestly inadequate sentence
5. › Deprivation of liberty of child
6. › Repeated confinement over three-week period
7. › Whether sentence manifestly inadequate
8. › Criminal Code (WA), s 333
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Concurrent and cumulative sentences
5. › Whether deprivation of liberty was separate and distinct offence from reckless conduct causing harm
6. › Whether sentencing judge erred in ordering concurrent sentences
1. Criminal Law
2. › Sentencing
3. › Double punishment
4. › Whether evidence necessary to establish one offence was also evidence necessary to establish another
5. › Sentencing Act 1995 (WA), s 11(1)

Quick Take

Reckless conduct resulting in severe child abuse falling within the worst category of s 101(1) offences warrants a starting point of 8 years' imprisonment (before discount for plea). Deprivation of liberty that represents an escalation of and is distinct from the underlying reckless conduct should attract a cumulative rather than concurrent sentence. The totality principle permits reduction of an otherwise appropriate individual sentence to achieve a just aggregate.