Curry v WA

[2023] WASCA 10

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Co-offenders with different prior sentences and personal circumstances
5. › Whether lack of disparity with one co-offender gave rise to justifiable sense of grievance
6. › Whether disparity with another co-offender was explicable by differences in circumstances
7. › Criminal Code (WA), s 135
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Cumulative sentence on existing sentence for unrelated offending
6. › Whether overall total effective sentence bore proper relationship to overall criminality
7. › Criminal Code (WA), s 135
1. Criminal Law
2. › Sentencing
3. › Application for leave to appeal against sentence
4. › Whether sentence manifestly excessive or revealed error in exercise of sentencing discretion
5. › House v The King principles

Quick Take

The principle favouring cumulative sentences for perverting the course of justice applies equally whether the conspiracy offence is related or unrelated to the offender's prior offending.