Adams v WA

(2014) 245 A Crim R 351; [2014] WASCA 191

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Conditions of imprisonment
4. › Former police officer
5. › Protective custody
6. › Whether sentencing judge required to take into account more restrictive conditions of imprisonment in mitigation
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple offences of diverse character
5. › Whether total effective sentence disproportionate to overall criminality
1. Criminal Law
2. › Sentencing
3. › Federal offences
4. › State court exercising federal jurisdiction
5. › Pending charges procedure
6. › Whether s 32 notice under Sentencing Act 1995 (WA) may include Commonwealth offence
7. › Judiciary Act 1903 (Cth), ss 68, 79
1. Criminal Law
2. › Sentencing
3. › Federal offences
4. › Recognizance release order
5. › Failure to make order required by s 19AC of Crimes Act 1914 (Cth)
6. › Whether sentence not exceeding 3 years requires recognizance release order

Quick Take

A Commonwealth offence pending in a court of summary jurisdiction may validly be included in a s 32 notice under the Sentencing Act 1995 (WA), as ss 31-33 of that Act are 'picked up' by s 68(1)(c) of the Judiciary Act 1903 (Cth) as federal law. Part 1B of the Crimes Act 1914 (Cth) does not cover the field so as to exclude the operation of the s 32 notice procedure. Sentencing judges must take into account the more restrictive conditions of imprisonment faced by former police officers held in protective custody, applying the principles in [name withheld].