WA v WTG

[2016] WASCA 175

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Manifest inadequacy
5. › Aggravated grievous bodily harm
6. › Domestic violence
7. › Whether sentence manifestly inadequate having regard to comparable sentences and aggravating factors
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Multiple offences including breach of suspended imprisonment order
6. › Whether total effective sentence failed to reflect overall criminality

Quick Take

For aggravated grievous bodily harm in a domestic violence context towards the upper end of the range (but not the most serious kind), the post-transitional sentencing range is 3 to 5 years imprisonment even absent circumstances of aggravation. Where the offence is committed in circumstances of aggravation (14-year maximum), after trial with no guilty plea discount, and with few mitigating factors, a sentence of 2 years 10 months is manifestly inadequate. A sentence of 4 years 6 months was appropriate in these circumstances.