WA v Williams

[2022] WASCA 105

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Declarations
4. › Serial family violence offender
5. › Whether declaration can be made following conviction for family violence offence committed prior to commencement of legislation
6. › Sentencing Act 1995 (WA), s 124E
1. Statutory Interpretation
2. › Presumption against retrospectivity
3. › Distinction between legislation having prior effect on past events and legislation basing future action on past events
4. › Whether provision operates retrospectively where triggered by post-commencement conviction for pre-commencement offence
5. › Family Violence Legislation Reform Act 2020 (WA), s 29
6. › Sentencing Act 1995 (WA), s 124E

Quick Take

Section 124E of the Sentencing Act 1995 (WA) applies where a court convicts an offender of a family violence offence after 1 January 2021, regardless of when the offence was committed. The presumption against retrospective operation of statutes does not apply because the provision operates wholly prospectively — it is triggered by the post-commencement act of conviction and its consequences affect only future rights. Both the index family violence offence and the prescribed offences counted under s 124E(1)(a) or (b) may have been committed before the commencement date.