QJS v WA

[2015] WASCA 9

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Aggravating factors
4. › Offences committed while subject to conditional release order
5. › Whether commission of offences while on intensive supervision order properly treated as aggravating factor
6. › Whether treating breach of ISO as aggravating and resentencing for original offences constitutes double punishment
7. › Sentencing Act 1995 (WA), s 69(1)(a)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple offences including aggravated armed robbery, aggravated burglary and dangerous driving
5. › Whether total effective sentence of 6 years' imprisonment disproportionate to overall criminality
6. › Relevance of youth, early guilty pleas and cooperation with police
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Youth of offender
5. › Cooperation with police
6. › Early pleas of guilty
7. › Weight to be given where offender has significant criminal history

Quick Take

The commission of offences while subject to an intensive supervision order is an aggravating factor in sentencing, applying the same rationale as offending while on bail or parole. This does not constitute double punishment even where the offender is also resentenced for the original offences for which the ISO was imposed.