Mippy v WA

[2012] WASCA 254

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Guilty plea discount
4. › Fast-track plea of guilty
5. › Failure of sentencing judge to refer to guilty plea
6. › Whether express error established
7. › Whether different sentence should be imposed
8. › Sentencing Act 1995 (WA), ss 8(2), 8(4)
1. Criminal Law
2. › Sentencing
3. › Manifest excess
4. › Aggravated burglary and commit offence in dwelling
5. › Domestic violence context
6. › Whether sentence of 3 years' imprisonment manifestly excessive
7. › Criminal Code (WA), s 401(2)
1. Appeal
2. › Criminal appeal
3. › Appeal against sentence
4. › Express error in sentencing
5. › Residual discretion to dismiss appeal where no different sentence should be imposed
6. › Criminal Appeals Act 2004 (WA), s 31(4)(a)

Quick Take

A sentencing judge's failure to refer to a fast-track guilty plea in sentencing remarks will ordinarily constitute express error under s 8(4) of the Sentencing Act 1995 (WA), but the appeal will be dismissed if no different sentence should be imposed. The guilty plea discount should be towards the lower end of the 20-35% range where the plea is not motivated by remorse and is made in the face of a strong prosecution case.