Lee v WA

[2018] WASCA 156

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Co-offenders sentenced equally
5. › Whether absence of disparity gave rise to legitimate sense of grievance
6. › Whether differences in criminal history, role and personal circumstances required differential sentencing
7. › Criminal Code (WA), s 297
8. › Sentencing Act 1995 (WA), s 6, s 7, s 8
1. Criminal Law
2. › Sentencing
3. › Manifest excess
4. › Unlawfully doing grievous bodily harm
5. › Group violence
6. › Sentencing range for s 297 offences
7. › Whether sentence of 4 years' imprisonment unreasonable or plainly unjust
8. › Criminal Code (WA), s 297
1. Criminal Law
2. › Appeal against sentence
3. › Errors of fact by sentencing judge
4. › Whether errors material to sentencing outcome
5. › Criminal Appeals Act 2004 (WA), s 31(4)(a)

Quick Take

An offender who participates in group violence as a member of the group, knowing that one member is armed with a weapon, is equally culpable as the other group members notwithstanding that the offender did not physically assault the victim, did not carry a weapon, did not drive the vehicle, and had a less serious criminal history. Differences in criminal history and physical involvement among co-offenders in group violence do not necessarily require differential sentencing where the dominant sentencing considerations are appropriate punishment and general deterrence. The sentencing range for serious s 297 Criminal Code (WA) offences remains 3 to 5 years for offences towards the upper end of the range.