Murphy v WA

[2013] WASCA 178

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Multiple sexual offences against children
5. › Foster children of offender
6. › Whether individual sentences manifestly excessive
7. › Criminal Code (WA), s 320(4), s 321
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Attempting to pervert the course of justice
5. › Breach of bail conditions
6. › Contact with complainants
7. › Whether sentence manifestly excessive
8. › Criminal Code (WA), s 143
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Cumulation and concurrence
5. › Whether total effective sentence disproportionate to overall criminality
6. › Sentencing Act 1995 (WA)
1. Criminal Law
2. › Sentencing
3. › Suspended imprisonment
4. › Whether unavailability of suspension should reduce total sentence
5. › Sentencing Act 1995 (WA), s 76, s 81

Quick Take

The unavailability of suspended imprisonment (because the offender is serving or will serve a term of immediate imprisonment) does not warrant a reduction in individual sentences or the total sentence. The length of an appropriate term of imprisonment is not to be affected by whether or not the term is to be suspended. Sentences for attempting to pervert the course of justice should ordinarily be wholly cumulative with the sentence for the offence to which the attempt was directed.