Littlely v WA

[2022] WASCA 102

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Unlawfully doing grievous bodily harm
4. › Single punch causing jaw fractures
5. › Whether sentencing judge erred in consideration of previous sentencing decisions
6. › Whether sentencing judge erred in findings about force of punch
7. › Whether sentence of 18 months' immediate imprisonment manifestly excessive
8. › Criminal Code (WA), s 297(1)
9. › Sentencing Act 1995 (WA), ss 6(4), 39(2), 39(3), 76, 81
1. Criminal Law
2. › Sentencing
3. › Comparable cases
4. › Role of sentencing range
5. › Whether single appellate decision constitutes sentencing range or establishes manifest excess
1. Criminal Law
2. › Sentencing
3. › Suspension of imprisonment
4. › Whether term of imprisonment should be suspended or conditionally suspended
5. › Sentencing Act 1995 (WA), ss 76, 81
1. Appeal
2. › Discretionary decisions
3. › Weight given to relevant considerations
4. › Whether failure to give sufficient weight to a factor constitutes appealable error

Quick Take

A sentence of 18 months' immediate imprisonment for a single unprovoked punch causing jaw fractures in two places with permanent residual disability, committed by a first offender of prior good character, is within the range reasonably open to a sentencing judge for unlawfully doing grievous bodily harm under s 297(1) of the Criminal Code (WA). A single appellate sentencing decision does not, of itself, constitute a sentencing range, reveal a sentencing pattern or establish manifest excess.