Barry v WA

[2012] WASCA 175

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Co-offenders with different levels of culpability
5. › Whether insufficient disparity between sentences gave rise to objectively justifiable sense of grievance
6. › Criminal Code (WA), s 397(2)
1. Criminal Law
2. › Sentencing
3. › Manifest excess
4. › Demanding money with threats
5. › Whether sentence of 2 years' imprisonment manifestly excessive
6. › Sentencing range for extortion offences
7. › Criminal Code (WA), s 397(2)
1. Criminal Law
2. › Appeal against sentence
3. › Parity principle
4. › Resentencing by appellate court
5. › Appropriate sentence where parity infringed

Quick Take

Where a co-offender's culpability is markedly less than the principal offender's — particularly where the secondary offender did not make threats, was intimidated by the principal, and was reluctant in carrying out the principal's instructions — a disparity of only 1 year between a 2-year and 3-year sentence may be insufficient to satisfy the parity principle. The sentencing range for extortion offences under s 397(2) Criminal Code (WA) is 2 to 4 years' imprisonment (post-transitional).