Truslove v WA

[2015] WASCA 1

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parole eligibility
4. › Discretion to refuse parole eligibility order
5. › Whether discretion miscarried
6. › Terminal illness of offender
7. › Extensive criminal record
8. › Protection of the public
9. › Sentencing Act 1995 (WA), s 89(1), s 89(4)
1. Appeal
2. › Criminal appeals
3. › Leave to appeal against sentence
4. › Standard of appellate review of sentencing discretion
5. › Whether error of the kind identified in House v The King established

Quick Take

Terminal illness and limited life expectancy do not require a sentencing judge to make a parole eligibility order under s 89(4) of the Sentencing Act 1995 (WA) where the offender has a significant criminal record, the offence is serious, and the offender has a history of non-compliance with community supervision. The protection of the public may properly be given primacy over the offender's medical condition in the exercise of the parole eligibility discretion.