Law v WA

[2009] WASCA 193

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Proof of facts on sentencing
4. › Guilty plea
5. › Factual basis for sentence
6. › Disparity between prosecution and defence versions
7. › Whether sentencing judge required to resolve factual dispute by trial of issues or accept defence version
1. Criminal Law
2. › Sentencing
3. › Proof of facts on sentencing
4. › Onus of proof
5. › Standard of proof
6. › Aggravating circumstances to be proved beyond reasonable doubt
7. › Mitigating circumstances to be proved on balance of probabilities
1. Criminal Law
2. › Sentencing
3. › Proof of facts on sentencing
4. › Procedural fairness
5. › Whether sentencing judge obliged to give notice of rejection of defence version where prosecution controverted that version

Quick Take

A sentencing judge is not obliged to give notice of rejection of a defence version of facts where the prosecution has expressly controverted that version; the obligation to give notice arises only where the mitigating circumstance is not controverted by the prosecution. Where a defence version is advanced from the bar table without admissible evidence and is controverted by the prosecution, the sentencing judge may sentence on the prosecution's version if satisfied of it beyond reasonable doubt on the basis of the plea and tendered materials.