Egitmen v WA

[2014] WASCA 198

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Murder
4. › Life imprisonment
5. › Minimum term
6. › Whether minimum term manifestly excessive
7. › Whether 15-year minimum term within customary range
8. › Criminal Code (WA), s 279
9. › Sentencing Act 1995 (WA), s 90
1. Criminal Law
2. › Sentencing
3. › Murder
4. › Aggravating factors
5. › Whether intention to kill is aggravating factor where murder may be committed on lesser intent
6. › Whether use of knife is aggravating factor
7. › Criminal Code (WA), s 279(1)(a), (b)
1. Criminal Law
2. › Sentencing
3. › Fact-finding by sentencing judge
4. › Where jury verdict does not reveal basis of conviction
5. › Whether sentencer bound to sentence on basis most favourable to offender
1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against sentence
4. › Weighting errors
5. › Whether allegation of weighting error can succeed on appeal
6. › Criminal Appeals Act 2004 (WA), s 27

Quick Take

Where a murder conviction does not reveal whether it was based on an intention to kill (s 279(1)(a)) or an intention to cause life-endangering injury (s 279(1)(b)), the sentencing judge may make an independent finding of fact, and an intention to kill is properly treated as an aggravating factor warranting a more severe sentence. A 15-year minimum term for a stabbing murder involving six wounds, an intention to kill, use of a knife, but no premeditation, was within the customary range under the Criminal Law Amendment (Homicide) Act 2008 (WA).