The statutory minimum penalty of 15 years' imprisonment under s 283(2) of the Criminal Code (WA) for attempted murder committed in the course of an aggravated home burglary is reserved for the least serious category of such offending. A sentencing judge must determine where the offending falls in the range between the least serious category (statutory minimum) and the worst category (life imprisonment), having regard to all relevant sentencing factors including both the nature of the offence and the circumstances of the offender. The expression 'statutory penalty' in s 6(2) of the Sentencing Act 1995 (WA) requires a sentencer to take into account both the maximum and minimum penalties when ascertaining the seriousness of an offence.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
3 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.