Fernie v WA

[2022] WASCA 20

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Leave to appeal
5. › Whether individual sentences manifestly excessive
6. › Whether total effective sentence infringed totality principle
7. › Criminal Code (WA), ss 297(5), 301(1), 401
1. Criminal Law
2. › Sentencing
3. › Mandatory minimum penalties
4. › Grievous bodily harm in course of aggravated home burglary
5. › Sentencing discretion between statutory minimum and maximum
6. › Criminal Code (WA), s 297(5)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple offences
5. › Concurrent sentences
6. › Whether total effective sentence bears proper relationship to overall criminality
1. Appeal
2. › Extension of time
3. › Criminal appeal
4. › Whether extension should be granted where proposed ground has no reasonable prospect of success

Quick Take

The case confirms that where the offence of grievous bodily harm committed in the course of an aggravated home burglary under s 297(5) of the Criminal Code (WA) carries a mandatory minimum of 7 years 6 months and a maximum of 10 years, the narrow sentencing range of 2 years 6 months means that offences involving multiple aggravating features will attract sentences well above the mandatory minimum. Comparable sentences from cases not involving mandatory minimum penalties are unhelpful in assessing manifest excess.