Following the repeal of the 'truth in sentencing' one-third reduction by the Sentencing Legislation (Transitional Provisions) Amendment Act 2008 (WA), the majority held that sentencing judges must ensure consistency of minimum custodial periods with pre-existing sentencing ranges in all cases except the worst category of offending, where the statutory maximum or close to it may be imposed. The minority (Buss and Miller JJA) held the Act intended a general gradual increase in sentence lengths across the spectrum. The Court was unanimous that the original sentence of 3 years 4 months for causing bodily harm with intent to an off-duty police officer was manifestly inadequate.
The full text is available to signed-in members, including the 109 later cases that cite this judgment.
31 of the 109 citing cases carry a classified treatment. How each court treated it is available to signed-in members.