WA v Khasay

[2014] WASCA 58

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Manifest inadequacy
5. › Unlawfully doing grievous bodily harm with intent
6. › Whether sentence of 4 years 8 months manifestly inadequate
7. › Criminal Code (WA), s 294(1)
8. › Criminal Appeals Act 2004 (WA), s 31(4)
1. Criminal Law
2. › Sentencing
3. › Relevance of mental illness or psychological difficulties
4. › Effect on moral blameworthiness
5. › Effect on general and personal deterrence
6. › Burden of proof on offender
7. › No causal connection between condition and offending

Quick Take

For offences of unlawfully doing grievous bodily harm with intent under s 294(1) of the Criminal Code (WA) involving a sustained, premeditated weapon attack causing life-threatening injuries and permanent disabilities, a sentence of 4 years 8 months was manifestly inadequate and replaced with 7 years 8 months. Sentences of between 7 and 12 years' imprisonment for s 294 offences are not uncommon. Where an offender's psychological difficulties have no established causal connection to the offending, the weight of those difficulties is decisively overpowered by the risk to public safety.