Swift v WA [No 2]

[2024] WASCA 23

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Manifest excess
4. › Whether sentences manifestly excessive as to type
5. › Immediate imprisonment versus suspended imprisonment
6. › Police officer offending in execution of duty
7. › Sentencing Act 1995 (WA), ss 6(4), 39(2), 39(3), 76, 81
1. Criminal Law
2. › Sentencing
3. › General deterrence
4. › Whether sentencing judge erred in finding need for general deterrence was high
5. › Whether prevalence of offending affects need for general deterrence
6. › Offences by police officers in execution of duty
1. Criminal Law
2. › Sentencing
3. › Weighting of sentencing factors
4. › Whether complaint of excessive weight given to a factor constitutes express appealable error
5. › Whether weighting error is independent ground for appellate intervention

Quick Take

General deterrence receives significant weight even where the type of offending is not prevalent, and breach of trust may properly be considered both as an aggravating factor and in relation to general deterrence when sentencing police officers or other professionals in positions of trust.