Gallagher v WA

[2019] WASCA 108

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Discount for plea of guilty
4. › Indicated plea of guilty
5. › Whether sentencing judge required to consider point at which guilty plea indicated
6. › Whether maximum discount of 25% mandatory where plea indicated at first reasonable opportunity
7. › Sentencing Act 1995 (WA), s 9AA
1. Criminal Law
2. › Sentencing
3. › Possession of prohibited drugs with intent to sell or supply
4. › Sentencing principles for drug offences
5. › Whether immediate imprisonment appropriate in absence of commerciality
6. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Stealing as a servant
4. › Abuse of position of trust
5. › Whether immediate imprisonment appropriate
6. › Criminal Code (WA), s 378(7)
1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Error of principle established
5. › Whether different sentence should have been imposed
6. › Resentencing afresh
7. › Criminal Appeals Act 2004 (WA), s 31(4)(a)

Quick Take

A sentencing judge must have regard to the point at which an offender indicated a guilty plea, not merely the point of formal plea entry, when determining the discount under s 9AA of the Sentencing Act 1995 (WA). However, the maximum 25% discount is not mandatory even where the plea was indicated at the first reasonable opportunity; the strength of the prosecution case is a relevant factor that may reduce the discount.