Labrook v WA

[2016] WASCA 127

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple sentencing hearings
5. › Whether account to be taken of sentence of imprisonment imposed and served after commission of present offence
6. › Where present charges laid during service of intervening sentence
1. Criminal Law
2. › Appeal against sentence
3. › Error of principle by sentencing judge
4. › Whether lesser sentence should have been imposed
5. › Resentencing on appeal

Quick Take

The totality principle requires a sentencing court to have regard to a completed sentence for intervening offences when sentencing for offences committed before the intervening offences, at least where the offender was charged with the later-sentenced offences while serving the intervening sentence. The delay between completion of the intervening sentence and imposition of the later sentence does not necessarily make the earlier sentence irrelevant for totality purposes. An erroneous concession by defence counsel at sentencing that totality does not apply does not prevent appellate correction of the resulting error.