The existence of prison absence permit provisions under the Prisons Act 1981 (WA) is a relevant consideration when assessing whether appellate intervention is warranted on compassionate grounds relating to a prisoner's seriously ill family member. Additional medical evidence regarding a family member's life expectancy that elaborates on information already before the sentencing judge, without being materially different in substance, does not satisfy the test for admission of additional evidence on appeal against sentence. In social security fraud cases involving sustained and deliberate offending, general deterrence remains a very important factor even where the offender is elderly and in poor health.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
2 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.