Cheeseman v WA

[2023] WASCA 78

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Whether sentencing judge erred by sentencing on basis not advanced by prosecution
5. › Whether sentencing remarks misread
6. › Criminal Code (WA), s 304(2)(b)
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Remorse
5. › Assessment of remorse
6. › Whether failure to identify co-offender determinative of remorse
7. › Whether sentencing judge had regard to offender's conduct as a whole
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Whether total effective sentence bore proper relationship to overall criminality
6. › Multiple offences including firearms offences
7. › Criminal Code (WA), s 304(2)(b)
8. › Firearms Act 1973 (WA), s 19
1. Criminal Law
2. › Sentencing
3. › Offences endangering life, health or safety
4. › Sentencing factors for s 304(2) Criminal Code (WA)
5. › Nature and seriousness of intent to harm
6. › Severity of endangerment
7. › Potential consequences of conduct

Quick Take

Sentencing remarks must be read fairly as a whole and in context; isolated passages will not be taken to reveal error where the overall tenor of the remarks is consistent with the correct factual basis. An aider's culpability in s 304(2) offences involving firearms, where the aider knew of the principal's intent to harm, is not significantly less than that of the principal. The failure to identify a co-offender to police is a relevant but not determinative factor in assessing remorse; the sentencing judge must have regard to the offender's conduct as a whole.