Bramble v WA

[2021] WASCA 191

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Manifest excess
4. › Whether sentences manifestly excessive by type
5. › Failure to stop and render assistance after incident occasioning grievous bodily harm
6. › Failure to report incident to police
7. › Young adult offender aged 18
8. › No prior criminal record
9. › Offender left scene due to panic and fear following threats
10. › Whether immediate imprisonment manifestly excessive where suspended sentences appropriate
11. › Road Traffic Act 1974 (WA), ss 54(2), 54(3)(b), 56(1), 56(2)
1. Criminal Law
2. › Sentencing
3. › Youth as mitigating factor
4. › Young adult offenders
5. › Importance of rehabilitation
6. › Whether custodial sentence required despite youth
7. › Sentencing Act 1995 (WA), s 6(4)
1. Criminal Law
2. › Sentencing
3. › Errors in sentencing remarks
4. › Whether sentencing judge sentenced for offence of which acquitted
5. › Whether element of offence treated as aggravating factor
6. › Whether community protection improperly relied upon

Quick Take

Sentences of immediate imprisonment for failure to stop and render assistance offences under s 54 of the Road Traffic Act 1974 (WA) may be manifestly excessive where the offender was a young adult (18 years old) with no prior record who left the scene in panic and fear due to threats, and where there are strong prospects of rehabilitation. In such circumstances, suspended sentences of imprisonment may be the appropriate disposition.

Case Details

Citation[2021] WASCA 191

CourtWASCA

JurisdictionWestern Australia

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Relies on3

2016Petersen v The State of Western AustraliaWASCA 66
2012Fazari v The State of Western AustraliaWASCA 176
2012Ugle v The State of Western AustraliaWASCA 104

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