Miles v WA

[2013] WASCA 156

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Whether total effective sentence bore proper relationship to overall criminality
6. › Multiple offences including aggravated burglary, dishonesty and assault
1. Criminal Law
2. › Sentencing
3. › Aggravated home burglary
4. › Repeat offender
5. › Prevalence of offence
6. › Personal and general deterrence
7. › Criminal Code (WA), s 401(1)(a), s 401(4)(a)
1. Appeal
2. › Criminal appeal
3. › Application for leave to appeal against sentence
4. › No reasonable prospect of success
5. › Criminal Appeals Act (WA), s 27(2), (3)

Quick Take

A total effective sentence of 29 months' imprisonment for aggravated home burglary, dishonesty offences and assault by a repeat offender with a formidable criminal record does not infringe the first limb of the totality principle where the offences were committed separately and some accumulation was ordered. The case reaffirms that an offender's criminal record is relevant to punishment, deterrence and protection of society within the limits of a proportionate sentence.