Oaks v WA

[2009] WASCA 43

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Aggravated armed robbery
4. › Offender armed with syringe
5. › Whether sentence of 3 years' imprisonment manifestly excessive
6. › Whether non-custodial sentence open
7. › Sentencing range of 6 to 9 years prior to transitional provisions
1. Practice and Procedure
2. › Criminal appeals
3. › Extension of time to appeal
4. › Delay of almost 21 months
5. › Whether sufficient grounds for extension
6. › Whether miscarriage of justice if extension refused
7. › Criminal Appeals Act 2004 (WA), s 9(2)
1. Practice and Procedure
2. › Criminal appeals
3. › Leave to appeal against sentence
4. › Whether ground has reasonable prospect of succeeding
5. › Criminal Appeals Act 2004 (WA), s 9(2)

Quick Take

The established sentencing range for aggravated armed robbery in Western Australia of 6 to 9 years' imprisonment (4 to 6 years after transitional provisions) was confirmed. A sentence of 3 years with a 25% discount for a fast-track guilty plea, where the offender had a prior armed robbery conviction, was well within range. Difficulty obtaining legal aid, without more, does not constitute a satisfactory explanation for gross delay in filing a notice of appeal.