Johnston v WA

[2012] WASCA 18

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Murder
4. › Non-parole period
5. › Whether manifestly excessive
6. › Intention to cause bodily injury likely to endanger life but no intention to kill
7. › Criminal Code (WA), s 279(1)(b)
8. › Sentencing Act 1995 (WA), s 90(1)
1. Criminal Law
2. › Sentencing
3. › Murder
4. › Amended sentencing regime
5. › Criminal Law Amendment (Homicide) Act 2008 (WA)
6. › Wider discretion in setting non-parole periods
7. › Not bound by previous range of non-parole orders
1. Appeal
2. › Criminal appeal
3. › Leave to appeal against sentence
4. › Reasonable prospects of success
5. › Manifest excess
6. › House v The King principles
7. › Criminal Appeals Act 2004 (WA), s 27(2)

Quick Take

A non-parole period of 18 years for murder under s 279(1)(b) of the Criminal Code (WA) (intention to cause bodily injury likely to endanger life, without intention to kill) was upheld where the killing involved savage violence against a restrained victim during a home invasion committed in company. Under the amended sentencing regime, sentencing judges are not bound by the range of non-parole orders previously imposed for murder, and pre-2008 sentencing comparators have limited utility.