Boddington v WA

[2013] WASCA 179

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Fact-finding for sentencing purposes
4. › Plea of guilty
5. › Whether trial judge's factual findings inconsistent with jury verdicts
6. › Whether finding of common intention to steal inconsistent with co-accused's acquittal
1. Criminal Law
2. › Sentencing
3. › Aggravated burglary
4. › Whether sentence manifestly excessive
5. › Relevance of lesser role in offending
6. › Parity of sentences between co-offenders
7. › Criminal Code (WA), s 401(2)
1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against sentence
4. › Whether proposed grounds have reasonable prospect of succeeding
5. › Criminal Appeals Act 2004 (WA), s 27

Quick Take

A sentence of 29 months' imprisonment for aggravated burglary involving forced entry to an occupied hotel room, demands for money, and premeditated theft of a wallet, with a 20% discount for a guilty plea, is within the appropriate range. The acquittal of a co-accused does not affect the culpability of an offender who has pleaded guilty to the same offence.