Thompson v WA

[2019] WASCA 68

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Totality principle
5. › First limb
6. › Whether total effective sentence bore proper relationship to overall criminality
7. › Multiple victims
8. › Offending in company
9. › Criminal Code (WA), s 294(1), s 317(1)
10. › Sentencing Act 1995 (WA), s 6, s 7, s 8
1. Criminal Law
2. › Sentencing
3. › Concurrent and cumulative sentences
4. › One transaction rule
5. › Whether offences arising from single episode required concurrent sentences
6. › Multiple victims in single incident
1. Criminal Law
2. › Sentencing
3. › Comparable cases
4. › Role of sentencing range
5. › Assault occasioning bodily harm
6. › Grievous bodily harm with intent
7. › Criminal Code (WA), s 294(1), s 317(1)
1. Appeal
2. › Extension of time
3. › Criminal appeal
4. › Whether delay adequately explained
5. › Whether ground of appeal had reasonable prospect of success

Quick Take

The 'one transaction rule' or 'continuing episode rule' is merely a guideline, not a rule, and substantial accumulation of individual sentences may be required even where offences were committed during a single episode of criminal behaviour, particularly where each offence involved a different victim. Common aggravating factors across multiple offences must be taken into account in applying the totality principle but do not require concurrent sentences. The illegal activity of victims does not mitigate the seriousness of violent offending against them.