Lawson v Director of Public Prosecutions

[2024] WASCA 138

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Breach of family violence restraining order
4. › Sentence of immediate imprisonment
5. › Whether manifestly excessive as to type or length
6. › Maximum penalty 2 years' imprisonment
7. › Restraining Orders Act 1997 (WA), s 61
1. Criminal Law
2. › Sentencing
3. › Suspended sentences
4. › Breach of condition
5. › Whether open to order service of suspended terms
6. › Reoffending 11 days after imposition
7. › Sentencing Act 1995 (WA), s 80(3)
1. Criminal Law
2. › Appeal
3. › Leave to appeal
4. › Appeal from General Division to Court of Appeal
5. › Whether grounds have reasonable prospect of succeeding
6. › Criminal Appeals Act 2004 (WA), ss 9, 16(2), 18

Quick Take

This case illustrates that reoffending within days of receiving suspended sentences will almost inevitably result in activation of those sentences, and that breach of family violence restraining orders attracts significant weight on general and personal deterrence.