GRL v WA

[2024] WASCA 146

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

Under s 8(5) of the Sentencing Act 1995 (WA), where a sentence is reduced because an offender undertakes to assist law enforcement authorities, the court must state that fact and the extent of the reduction in open court; a single combined discount for both past and future cooperation that makes it impossible to ascertain the extent of the reduction for future cooperation does not comply with s 8(5).
Separate quantification of the future cooperation discount is essential to the operation of s 37A of the Sentencing Act 1995 (WA), which permits recall and resentencing if the offender fails to fulfil the undertaking to cooperate.
On resentencing, where promised future cooperation has been fulfilled by the time of the appeal, the totality of the offender's assistance may be reclassified as past cooperation, for which quantification of the discount is not statutorily required but may be appropriate.