Jones v WA

[2023] WASCA 30

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Manifest excess
4. › Unlawfully doing grievous bodily harm
5. › Unprovoked attack causing cervical spine fracture
6. › Whether sentence of 5 years' immediate imprisonment manifestly excessive
7. › Criminal Code (WA), s 297(1)
1. Criminal Law
2. › Appeal against sentence
3. › Sentencing discretion
4. › Whether sentencing judge took into account factors not available on the evidence
5. › Factual findings at sentencing

Quick Take

A sentence of 5 years' immediate imprisonment for unlawfully doing grievous bodily harm involving an unprovoked attack causing cervical spine fracture, where the offender did not plead guilty and showed limited remorse, is within the sound exercise of the sentencing discretion. The general range for relatively serious examples of the offence of unlawfully doing grievous bodily harm is 3 to 5 years' imprisonment.