Soerensen v The Queen

[2020] WASCA 114

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Federal offences
4. › Totality principle
5. › Whether total effective sentence bore proper relationship to overall criminality
6. › Crimes Act 1914 (Cth), s 16A
1. Criminal Law
2. › Sentencing
3. › Federal offences
4. › Pre-release period
5. › Recognisance release order
6. › Whether pre-release period manifestly excessive
7. › Crimes Act 1914 (Cth), ss 19AC, 20(1)(b)
1. Criminal Law
2. › Sentencing
3. › Federal offences
4. › Parity principle
5. › Whether comparison between sentence of imprisonment on individual and fine on body corporate gives rise to justifiable sense of grievance
6. › Crimes Act 1914 (Cth), s 16C(1)
1. Criminal Law
2. › Sentencing
3. › Federal offences
4. › Biosecurity offences
5. › Aiding and abetting importation of prohibited goods
6. › Quarantine Act 1908 (Cth), s 67(3)
7. › Criminal Code Act 1995 (Cth), s 11.2(1)

Quick Take

A sentence of imprisonment imposed on an individual and a fine imposed on a body corporate for the same offending are incapable of comparison for the purposes of the parity principle. The pre-release period under s 20(1)(b) of the Crimes Act 1914 (Cth) must be determined by reference to the same principles as non-parole periods, including those in Power, Deakin and Bugmy, and must not exceed what is reasonably required to reflect all relevant sentencing factors.