Jm v WA

[2015] WASCA 40

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Cooperation with law enforcement authorities
5. › Whether information provided had utilitarian value
6. › Whether cooperation discount warranted
7. › Sentencing Act 1995 (WA), s 8(1)
1. Criminal Law
2. › Appeal against sentence
3. › New evidence on appeal
4. › Failure of counsel to adduce evidence at sentencing
5. › Whether objectively legitimate forensic decision
6. › Whether miscarriage of justice
7. › Criminal Appeals Act 2004 (WA), s 31(4)(a)

Quick Take

For information provided to police to constitute 'cooperation' warranting a sentencing discount, it must be shown to have had some actual or potential value to law enforcement at the time it was provided or thereafter — mere provision of unverifiable or insufficient information does not qualify. Where trial counsel made an objectively legitimate forensic decision not to adduce evidence of cooperation, the test under s 31(4)(a) of the Criminal Appeals Act 2004 (WA) will be difficult to satisfy on appeal.