Jones v WA

[2018] WASCA 105

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Discount for plea of guilty
4. › Fast-track plea
5. › Whether 10% discount manifestly inadequate
6. › Relevance of strength of prosecution case
7. › Relevance of absconding on bail to discount assessment
8. › Sentencing Act 1995 (WA), s 9AA
1. Criminal Law
2. › Sentencing
3. › Appellate review of sentence
4. › Implied error in exercise of sentencing discretion
5. › Re-exercise of sentencing discretion on appeal
6. › Whether different sentence should have been imposed
7. › Criminal Appeals Act 2004 (WA), s 31(4)(a)
1. Criminal Law
2. › Sentencing
3. › Discount for plea of guilty
4. › Factors relevant to quantification of discount
5. › Whether subjective factors relating to offender relevant
6. › Exhaustive nature of s 9AA(2) criteria
7. › Sentencing Act 1995 (WA), s 9AA(2)

Quick Take

A 10% discount under s 9AA of the Sentencing Act 1995 (WA) is manifestly inadequate for a fast-track plea of guilty entered less than five months after the offence and before any committal hearing, even where the prosecution case is strong and the offender absconded on bail for a period. Absconding on bail has only limited weight in the s 9AA discount assessment because s 9AA(2) exhaustively states the relevant factors and subjective factors relating to the offender are not relevant. Where implied material error in the s 9AA discount is demonstrated, the appellate court must re-exercise the sentencing discretion.