Houlahan v WA

(2022) 100 MVR 455; [2022] WASCA 85

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Application for leave to appeal
5. › Whether individual sentences manifestly excessive
6. › Stealing a motor vehicle
7. › Fraud
8. › Reckless driving to escape police pursuit
9. › Criminal Code (WA), s 371A, s 378, s 409(1)(c)
10. › Road Traffic Act 1974 (WA), s 60(1A)(b), s 49AB(1)(c)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Whether total effective sentence infringed first limb
5. › Whether total effective sentence was crushing
6. › Multiple offences committed over 15-day period
7. › Cumulative and concurrent sentences
1. Criminal Law
2. › Sentencing
3. › Comparable cases
4. › Whether customary sentencing standards established by decisions of single judges
5. › Whether decisions of Court of Appeal preferred to single judge decisions

Quick Take

Customary sentencing standards for an offence are to be found from decisions of the Court of Appeal rather than decisions of single judges in the General Division. There is no tariff for home burglary, whether aggravated or non-aggravated. A total effective sentence of 5 years' imprisonment for five offences including aggravated home burglary, two counts of stealing a motor vehicle, fraud and reckless driving to escape police pursuit, committed over a 15-day period by a 21-year-old offender with a lengthy criminal history, was within range.