A sentence of 3 years' immediate imprisonment (before a 25% guilty plea discount, implying a starting point in excess of 4 years) for assault causing bodily harm under s 317(1)(b) of the Criminal Code (WA) is not manifestly excessive where the offending involves the use of a weapon (rock) to strike a vulnerable victim's head causing skull fractures and brain injuries, and the offender was subject to a CSIO at the time. The case confirms that older sentencing authorities for this offence may not reflect contemporary standards and that some 'firming up' in sentencing may be discerned.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.