Brecker v WA

[2010] WASCA 32

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Whether sentencing judge erred in findings of fact
5. › Whether sentence manifestly excessive
6. › Fraud and stealing offences
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Delay between investigation and conclusion of matter
5. › Whether delay mitigatory in absence of progress towards rehabilitation
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Psychiatric and psychological evidence
5. › Whether failure to give sufficient weight to expert reports constitutes appellable error

Quick Take

Delay between investigation and conclusion of proceedings is not mitigatory in the absence of other favourable sentencing factors such as progress towards rehabilitation. A failure to give sufficient weight to a relevant sentencing consideration only gives rise to an appealable error if it amounts to a failure to exercise the discretion entrusted to the court.

Case Details

Citation[2010] WASCA 32

CourtWASCA

JurisdictionWestern Australia

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Relies on4

2008Scook v The QueenWASCA 114
2007Re an Application Under the Magistrates Court ACT 2004 ; Ex Parte BreckerWASC 151
2000Dinsdale v RHCA 54
1984Mallet v MalletHCA 21

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