CDL v WA

[2022] WASCA 18

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Persistent sexual conduct with child under 16
5. › Producing child exploitation material
6. › Possessing child exploitation material
7. › Totality principle
8. › Whether total effective sentence bore proper relationship to overall criminality
9. › Criminal Code (WA), ss 218, 220, 321A
1. Criminal Law
2. › Appeal
3. › Leave to appeal against sentence
4. › Whether sentencing judge made express errors of fact or law
5. › Whether sentence manifestly excessive
6. › House v The King principles
7. › Criminal Appeals Act 2004 (WA), ss 27, 31(4)(a)
1. Criminal Law
2. › Sentencing
3. › Procedure
4. › Sentencing court's power to inform itself
5. › Whether hearsay evidence admissible at sentencing
6. › Sentencing Act 1995 (WA), s 15

Quick Take

The totality principle does not require that the head sentence reflect the total criminality of the offending, nor does it preclude a total effective sentence exceeding the head sentence. A sentencing judge is not bound by actuarial risk assessment tools (such as Static-99R) and may assess risk of reoffending on all the evidence. Section 15 of the Sentencing Act 1995 (WA) permits a sentencing court to receive hearsay evidence where defence counsel expressly accepts the information.