Smith v WA

[2012] WASCA 91

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Fresh evidence or changed circumstances on appeal
5. › Prior convictions set aside after sentencing
6. › Whether different sentence should have been imposed
7. › Criminal Appeals Act 2004 (WA), s 31(2), (4)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Multiple offences of supply and offer to supply heroin
5. › Manufacture of heroin
6. › Totality principle
7. › Whether total effective sentence within sound discretionary range
1. Criminal Law
2. › Sentencing
3. › Prior custody on charges subsequently acquitted
4. › Whether prior period of custody should reduce sentence for later offences

Quick Take

Where prior convictions are set aside after sentencing for subsequent offences, the appellate court may have regard to that fact under s 31(2) of the Criminal Appeals Act 2004 (WA), but will only intervene under s 31(4) if a different sentence should have been imposed. The setting aside of prior convictions has limited significance where the offender was still endeavouring to commit the relevant criminal conduct and the sentence for the current offences falls within a sound discretionary range without regard to the prior convictions.