Fletcher v WA

[2014] WASCA 219

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Delay by prosecution
5. › Whether loss of opportunity to serve sentences concurrently with earlier sentence is relevant consideration in determining totality
6. › Sentencing Act 1995 (WA), s 87
1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Co-offenders
5. › Whether disparity between imprisonment and fine for co-offenders justified
6. › Whether unjustifiable disparity warrants reduction in sentence length
1. Criminal Law
2. › Sentencing
3. › Delay
4. › Unreasonable delay by prosecution
5. › Whether unreasonable delay is mitigating factor independently of totality principle

Quick Take

Where unreasonable prosecution delay deprives an offender of the opportunity to serve sentences for current offences partially concurrently with sentences for earlier offences, the sentencing court must take that delay into account as a matter relevant to the totality of the sentence. Failure to do so is a material sentencing error. The question whether s 6(1) of the Sentencing Act 1995 (WA) excludes or modifies the common law parity principle remains open.