Page v WA

[2018] WASCA 76

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Whether individual sentences manifestly excessive
6. › Aggravated burglary
7. › Kidnapping
8. › Failing to protect child from harm
9. › Criminal Code (WA), s 332(2)(a), s 401(2)(a)
10. › Children and Community Services Act 2004 (WA), s 101(1)(b)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Whether total effective sentence bears proper relationship to overall criminality
6. › Multiple offences arising from same incident
1. Criminal Law
2. › Sentencing
3. › Cumulative and concurrent sentences
4. › One transaction rule
5. › Whether offences forming part of one transaction should be served concurrently
6. › Different legally protected interests

Quick Take

A total effective sentence of 4 years 6 months' imprisonment for aggravated burglary (3 years 10 months), kidnapping (18 months concurrent), and failing to protect a child from harm (8 months cumulative) was upheld where the offending involved a planned home invasion with violence, two-hour detention of the victim, and exposure of a 9-year-old child to the events, notwithstanding the offender's lack of criminal history and personal mitigating circumstances. The one transaction rule does not require concurrent sentences where offences involve different legally protected interests.