A sentence of 2 years' imprisonment for unlawful assault causing death under s 281 of the Criminal Code (WA) was manifestly inadequate where the offender struck an unsuspecting victim a heavy blow to the head during an alcohol-fuelled altercation, even with substantial mitigating factors including youth, first offence, early guilty plea, and remorse. A sentence of 4 years 9 months (after 20% discount) was substituted. This is the first appellate guidance on sentencing under s 281 since the maximum penalty was increased to 20 years.
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