Jose v WA

[2015] WASCA 13

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Attempted armed robbery
6. › Whether sentence of 2 years 9 months' imprisonment manifestly excessive
7. › Criminal Code (WA), ss 392, 552
1. Appeal
2. › Extension of time
3. › Criminal appeal
4. › Long delay without satisfactory explanation
5. › Whether extension should be granted
6. › Merits of proposed appeal

Quick Take

A sentence of 2 years and 9 months' imprisonment for attempted armed robbery committed at night by a 19-year-old with a juvenile criminal history, involving disguise, a weapon, aggression towards vulnerable workers, and persistence, is within the proper exercise of sentencing discretion. There is no established range of sentences customarily imposed for attempted armed robbery given the wide variation in circumstances.