Armstrong v WA

[2013] WASCA 290

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Manslaughter
4. › Express error of law
5. › Sentencing judge took into account erroneous maximum penalty
6. › Whether error enlivened appellate power to intervene
7. › Whether different sentence should be imposed on resentencing
8. › Criminal Code (WA), s 280
9. › Sentencing Act 1995 (WA), s 9AA
1. Criminal Law
2. › Sentencing
3. › Manslaughter
4. › Maximum penalty
5. › Retrospective operation of increased penalty
6. › Manslaughter Legislation Amendment Act 2011 (WA)
7. › Whether increased maximum penalty applied to offence committed before commencement

Quick Take

The increased maximum penalty for manslaughter from 20 years to life imprisonment under the Manslaughter Legislation Amendment Act 2011 (WA) does not apply retrospectively to offences committed before its commencement on 17 March 2012. A sentencing judge's application of an erroneous maximum penalty constitutes an express error of law enlivening appellate intervention.