Petrelis v WA

[2012] WASCA 235

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifestly excessive sentence
5. › Grievous bodily harm with intent
6. › Whether sentence outside range of sound discretionary judgment
7. › Criminal Code (WA), s 294(1)
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Offer to plead guilty
5. › Offer made on factual basis not accepted by sentencing judge
6. › Whether adequate discount given
7. › Sentencing Act 1995 (WA), s 8(4)
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Weight given to sentencing factors
5. › Whether failure to give adequate weight constitutes appealable error

Quick Take

An offer to plead guilty to the offence of which the offender is ultimately convicted, made on a factual basis not accepted by the sentencing judge, is a mitigating factor but the weight to be given to it is a matter for the sentencing judge's discretion. A complaint about the weight attributed to such an offer does not ordinarily give rise to an appealable error. Sentences of 7 to 12 years' imprisonment for grievous bodily harm with intent under s 294(1) of the Criminal Code (WA) are not uncommon.