Beekman v WA

[2022] WASCA 130

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Double punishment
4. › Multiple offences arising from same conduct
5. › Whether evidence necessary to establish one offence also establishes another
6. › Common law principle against double punishment
7. › Sentencing Act 1995 (WA), s 11(1)
1. Criminal Law
2. › Sentencing
3. › Aggravated burglary
4. › Grounding offence identical to separate charge
5. › Whether cumulative sentences permissible
6. › Criminal Code (WA), s 401(2)(a), s 444(1)(b)
1. Criminal Law
2. › Appeal against sentence
3. › Resentencing by appellate court
4. › Discount for plea of guilty
5. › Sentencing Act 1995 (WA), s 9AA

Quick Take

Where the grounding offence for aggravated burglary under s 401(2)(a) of the Criminal Code (WA) is the same offence charged as a separate count, s 11(1) of the Sentencing Act 1995 (WA) precludes sentencing for both offences. The appropriate method of avoiding double punishment is to impose no penalty for the subsumed offence and ensure the sentence for the aggravated burglary reflects all factual elements.