DKN v WA

[2018] WASCA 87

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 sentence manifestly excessive in type and length
6. › Offence of doing act with intent to cause harm causing bodily harm
7. › Premeditated group assault
8. › Criminal Code (WA), s 304(2)
1. Criminal Law
2. › Sentencing
3. › Immediate imprisonment
4. › Whether immediate imprisonment only appropriate sentencing option
5. › Suspended imprisonment as penultimate sentencing option
6. › Discretion to suspend
7. › Whether suspension not appropriate
8. › Sentencing Act 1995 (WA), ss 39(2), 39(3), 76(3)(b), 81(3)(b)
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Youth
5. › Prior good character
6. › Remorse
7. › Cooperation with police
8. › Early guilty plea
9. › Whether mitigating factors outweighed by objective seriousness of offending
1. Appeal
2. › Criminal appeal
3. › Sentence appeal
4. › Principles of appellate review
5. › Implied error
6. › Whether end result unreasonable or unjust
7. › Whether conclusion that suspension not appropriate was reasonably open

Quick Take

A premeditated group assault causing life-endangering injuries, where the offender played an integral role in luring the victim, will attract immediate imprisonment notwithstanding substantial mitigating factors including youth, prior good character, remorse, cooperation with police, and excellent rehabilitation prospects. Suspended imprisonment cannot be imposed under ss 76(3)(b) and 81(3)(b) of the Sentencing Act 1995 (WA) where the offender is serving or yet to serve an unsuspended term of imprisonment on other counts that are not challenged on appeal.