Kelly v WA

[2011] WASCA 273

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Whether sentencing judge took into account guilty plea and injuries suffered by appellant
4. › Whether failure to give adequate weight to relevant sentencing consideration amounts to appealable error
5. › Criminal Code (WA), s 401(2)(a)
1. Criminal Law
2. › Appeal against sentence
3. › Manifest excess
4. › Aggravated burglary
5. › Sentencing range for home burglary offences
6. › Criminal Code (WA), s 401(2)(a)

Quick Take

A sentence of 3½ years' imprisonment for aggravated burglary involving entry to a dwelling, confrontation of the occupant with a replica firearm, and an extensive criminal history including armed robbery and unlawful wounding, is within the appropriate sentencing range. The primary sentencing considerations for aggravated burglary are personal and general deterrence, especially for residential premises.