Xat v WA

[2013] WASCA 173

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Discount for cooperation with authorities
4. › Whether discount of 16.6% manifestly inadequate
5. › Factors relevant to assessment of cooperation discount
6. › Public interest in detection and prosecution of crime
1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Co-offenders sentenced by different judges
5. › Whether disparity gives rise to justifiable sense of grievance
6. › Objective test
1. Criminal Law
2. › Appeal against sentence
3. › Appellate intervention
4. › Failure properly to recognise cooperation with police
5. › Whether failure to implement important sentencing policy justifies intervention

Quick Take

Where an offender's cooperation with police is instrumental in procuring co-offender guilty pleas, demonstrates genuine remorse, and has resulted in serious adverse consequences including threats, assault, and ongoing danger from organised crime, a sentencing discount of not less than 30% is required. A discount of only 16.6% in such circumstances is unreasonable or plainly unjust. Appellate courts are entitled to intervene even where the resulting reduction in sentence is relatively small, because failure to properly recognise cooperation reflects a failure to implement an important policy in the administration of criminal justice.