McNAMARA v WA

[2010] WASCA 193

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Appeal against sentence
4. › Manifest excess
5. › Stealing as a servant
6. › Multiple counts
7. › Whether total effective sentence manifestly excessive
8. › Criminal Code (WA), s 378(7)
1. Criminal Law
2. › Sentence
3. › Sentencing methodology
4. › Multiple offences
5. › Totality principle
6. › Whether sentencing judge required to fix individual sentences before considering cumulation and totality
7. › Whether same sentence for each count regardless of amount stolen disclosed error
1. Criminal Law
2. › Sentence
3. › Stealing as a servant
4. › Breach of trust
5. › General deterrence
6. › Whether immediate imprisonment appropriate
7. › Criminal Code (WA), s 378(7)
8. › Sentencing Act 1995 (WA), ss 76(3)(b), 81(3)(b)

Quick Take

A sentence of 12 months' imprisonment on each of 180 counts of stealing as a servant totalling $56,136, with a total effective sentence of 2 years' imprisonment, is within the range of a sound sentencing discretion and towards the lower end of the scale. It is open to a sentencing judge to impose the same sentence on each count regardless of the individual amount stolen where each offence is an individual manifestation of a broader system of theft by a person entrusted with the conduct of the business.