A sentence of immediate imprisonment for stealing as a servant involving $17,647 over three months by a young first offender with significant personal mitigating circumstances may be set aside where the sentencing judge was not reasonably open to conclude that immediate imprisonment was the only appropriate sentencing option. The test for admitting additional evidence on a sentence appeal under s 40(1)(e) of the Criminal Appeals Act 2004 (WA) is whether, had the evidence been before the sentencing judge, a different sentence should have been imposed, and the distinction between 'fresh' and 'new' evidence is of lesser significance in sentence appeals than conviction appeals.
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