Drage v WA

[2015] WASCA 145

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Dangerous driving occasioning grievous bodily harm
5. › Whether immediate imprisonment appropriate or sentence should have been suspended
6. › Whether sentencing discretion miscarried
7. › Road Traffic Act 1974 (WA), s 59(1), s 59A(1)
8. › Sentencing Act 1995 (WA), s 39(2), s 39(3)
1. Criminal Law
2. › Sentencing
3. › Discount for guilty plea
4. › Whether entry of plea at first reasonable opportunity requires maximum discount
5. › Relevance of strength of prosecution case to extent of discount
6. › Sentencing Act 1995 (WA), s 9AA
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple offences arising from single incident of dangerous driving
5. › Whether cumulative sentences infringed totality principle
6. › Whether driver's licence disqualification manifestly excessive

Quick Take

A guilty plea entered at the first reasonable opportunity enlivens the power to grant the maximum 25% discount under s 9AA of the Sentencing Act 1995 (WA) but does not oblige the sentencing judge to allow the maximum; the strength of the prosecution case is relevant to the extent of the discount. For dangerous driving occasioning grievous bodily harm where the offender deliberately drove towards pedestrians known to be intoxicated without taking evasive action, immediate imprisonment of 2 years (after a 20% guilty plea discount) was within the sound exercise of the sentencing discretion.