Jsa v WA

(2012) 42 WAR 473; [2012] WASCA 25

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Young offenders
4. › Repeat serious offenders
5. › Statutory precondition for modified sentencing principles
6. › Meaning of 'satisfied' and 'high probability' in s 124(1)(d)
7. › Whether standard of proof is beyond reasonable doubt or balance of probabilities or intermediate standard
8. › Young Offenders Act 1994 (WA), ss 124, 125
1. Criminal Law
2. › Sentencing
3. › Young offenders
4. › Protection of the community
5. › Whether primary consideration to protection of community necessarily requires lengthier detention
6. › Relationship between s 125 and general sentencing principles in s 46
7. › Young Offenders Act 1994 (WA), ss 46, 125
1. Criminal Law
2. › Appeal against sentence
3. › Manifestly excessive sentence
4. › Young offender
5. › Aggravated burglary and assaulting public officers
6. › Total effective sentence of 20 months' detention
7. › Totality principle
8. › Criminal Code (WA), ss 318(1)(d), 401(2)(a)
1. Statutory Interpretation
2. › Construction of statutory phrase
3. › Standard of satisfaction
4. › Distinction between standard of proof and degree of probability
5. › Whether 'high probability' qualifies 'satisfied' or describes degree of chance of future event
6. › Young Offenders Act 1994 (WA), s 124(1)(d)

Quick Take

The phrase 'is satisfied that there is a high probability' in s 124(1)(d) of the Young Offenders Act 1994 (WA) requires the court to be affirmatively persuaded that there is a probability of reoffending higher than the balance of probabilities but lower than beyond reasonable doubt; the word 'satisfied' requires no gloss of 'beyond reasonable doubt'. Section 125 does not require that protection of the community necessarily results in a lengthier sentence; it requires a different emphasis in the application of the general sentencing principles in s 46, which remain relevant.