Saraceno v WA

[2015] WASCA 100

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Totality principle
5. › First limb
6. › Whether total effective sentence bore proper relationship to overall criminality
7. › Offences committed in different jurisdictions
8. › Prior sentence served in another State
9. › Criminal Code (WA), s 320(6)
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Suspended sentence
5. › Whether sentencing judge erred in declining to suspend
6. › Relevance of rehabilitation
7. › Sentencing Act 1995 (WA), s 39
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Inter-jurisdictional sentencing
5. › Approach of second court where offender already sentenced in another jurisdiction
6. › Relevance of rehabilitation undertaken during interval between sentences

Quick Take

For rehabilitation to be relevant to sentencing for particular offences, it must address the conduct that was the subject of those charges; rehabilitation directed at different (albeit related) offending may be given limited weight. A second sentencing court applying the totality principle is not constrained by the fact-finding and sentences imposed in the first jurisdiction where those sentences were based on incomplete information about the offender's total criminality.