Davies v WA

[2015] WASCA 14

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Co-offenders sentenced by different judges at different times
5. › Whether disparity gives rise to objectively justifiable sense of grievance
6. › Whether differences in sentences justified by different roles and mitigating circumstances
1. Criminal Law
2. › Sentencing
3. › Discount for plea of guilty
4. › First reasonable opportunity to plead guilty
5. › Whether late plea warranted greater discount
6. › Whether accused had sufficient information to assess case at earlier stage
7. › Sentencing Act 1995 (WA), s 9AA
8. › Criminal Procedure Act 2004 (WA), ss 35, 39

Quick Take

When comparing sentences of co-offenders for parity purposes, differing discounts for guilty pleas entered at different stages must be taken into account, and the relevant comparison is between the starting points before discount. An accused who has received the committal brief containing the critical evidence cannot claim that a late guilty plea was entered at the first reasonable opportunity merely because of a lack of legal representation during part of the pre-trial period.