Rubin v WA

[2016] WASCA 2

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Dangerous driving occasioning death and grievous bodily harm
5. › Whether immediate imprisonment was within range reasonably open
6. › Whether suspended imprisonment was the only appropriate option
7. › Sentencing Act 1995 (WA), s 39(2), s 39(3)
1. Criminal Law
2. › Sentencing
3. › General deterrence
4. › Weight to be given to general deterrence where culpability is relatively low
5. › Whether general deterrence should have been given any weight
6. › Dangerous driving offences
1. Criminal Law
2. › Sentencing
3. › Dangerous driving occasioning death
4. › Relationship between culpability and consequences in sentencing
5. › Disproportion between low culpability and severe consequences
1. Appeal
2. › Criminal appeal
3. › Appeal against sentence
4. › Implied error
5. › Whether sentence unreasonable or unjust
6. › Standard of appellate review of sentencing discretion

Quick Take

General deterrence retains some weight in sentencing for dangerous driving causing death even where the offender's culpability is at the lower end of the scale; it is not an error to give it any weight at all. In dangerous driving cases, the consequences of the offending (including number of deaths and injuries) are a significant factor in determining the range of sentences reasonably open, alongside culpability. Immediate imprisonment may be within the range reasonably open even where culpability is relatively low, if the consequences are sufficiently serious.