XMB v WA

[2023] WASCA 4

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Sentencing on retrial
4. › Rule of restraint
5. › Whether principle of restraint required same sentence on retrial
6. › Whether original sentence manifestly inadequate
7. › Whether rule of restraint has residual moderating effect where original sentence manifestly inadequate
8. › Criminal Code (WA), s 320(2), s 320(4)
9. › Sentencing Act 1995 (WA), s 6

Quick Take

Where the original sentence is manifestly inadequate, the rule of restraint provides no protection whatsoever — not even a moderating effect — against a higher sentence on retrial in conviction appeal cases.