Where a sentencing judge errs by double-punishing an offender for elements common to both an aggravated robbery count and a grievous bodily harm count, the appeal may still be dismissed under s 31(4)(a) of the Criminal Appeals Act 2004 (WA) if the individual sentences and total effective sentence are within the appropriate range when assessed on the correct basis. The 'bodily harm' circumstance of aggravation in an aggravated robbery charge under s 392 of the Criminal Code (WA) must be assessed separately from a co-existing grievous bodily harm charge under s 297 to avoid double punishment.
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