Underwood v WA

[2018] WASCA 189

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Multiple sexual offences against children
5. › Totality principle
6. › First limb
7. › Whether total effective sentence bore proper relationship to overall criminality
8. › Criminal Code (WA), ss 204B(2)(a), 320(4), 321(2), 321(4)
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Primary sentencing considerations
5. › Punishment
6. › Personal and general deterrence
7. › Protection of vulnerable children
1. Criminal Law
2. › Sentencing
3. › Comparable cases
4. › Role of sentencing range
5. › Whether sentence within or outside range determinative

Quick Take

A total effective sentence of 9 years 6 months' imprisonment for 9 sexual offences against two children (including anal intercourse with a 13-year-old) by a repeat child sex offender assessed as well above average risk of reoffending is within the appropriate range and does not infringe the first limb of the totality principle.