Grenfell v WA

[2018] WASCA 31

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Whether total effective sentence bore proper relationship to overall criminality
6. › Multiple offences arising from home invasion
7. › Criminal Code (WA), s 297, s 304, s 393, s 401, s 414, s 444
1. Criminal Law
2. › Sentencing
3. › Home invasion offences
4. › Aggravating features
5. › Use of firearms
6. › Presence of children
7. › Drug-related purpose
8. › Organised group offending
1. Criminal Law
2. › Sentencing
3. › Role of offender
4. › Whether sentencing judge erred in comparing appellant's criminality with co-offender
5. › Parity considerations where co-offender not sentenced
1. Appeal
2. › Criminal appeals
3. › Appeals against sentence
4. › Discretionary nature of sentencing
5. › Standard of appellate review
6. › Express and implied error

Quick Take

Where a co-offender has not been sentenced and is not before the court, comparison of that co-offender's criminality with the offender being sentenced provides no assistance for the sentencing task. A total effective sentence of 12 years' imprisonment was upheld for an organiser of a home invasion by six armed offenders involving a shooting causing amputation, in the presence of children, with drug-related purposes.