Zhang v WA

[2013] WASCA 121

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Manifest excess
5. › Unlawfully doing grievous bodily harm with intent
6. › Whether sentence markedly outside range of sentences customarily imposed
7. › Criminal Code (WA), s 294(1)
1. Criminal Law
2. › Sentencing
3. › Grievous bodily harm with intent
4. › Use of motor vehicle as weapon
5. › Premeditation
6. › Mental impairment as mitigating factor
7. › General deterrence
8. › Sentencing Act 1995 (WA), s 6(1)

Quick Take

For serious but non-worst-category offences of unlawfully doing grievous bodily harm with intent (s 294(1) Criminal Code (WA)), the customary sentencing range after trial has not exceeded 8 years' imprisonment. A sentence of 10½ years for such an offence was manifestly excessive even where a motor vehicle was used as a weapon at high speed with premeditation, where the offender had a clinically significant psychiatric impairment modestly mitigating culpability.