Gavenlock v WA

[2014] WASCA 36

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Multiple offences
4. › Totality principle
5. › First limb
6. › Whether total effective sentence proportionate to overall criminality
7. › Sentencing Act 1995 (WA), s 6(1)
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Indecent dealing and sexual penetration
5. › Cumulative and concurrent sentences
6. › Criminal Code (WA), s 321(4)
1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Sentencing error
5. › Failure to give weight to youth of offender
6. › Erroneous emphasis on personal deterrence where low reoffending risk

Quick Take

Where an offender is assessed as a low risk of reoffending, personal deterrence is not a relevant sentencing consideration and giving it weight constitutes sentencing error. The youth of an offender at the time of offending must be given weight as a mitigating factor, and failure to do so is a material express error justifying appellate intervention.