WA v Tawhitapou

[2024] WASCA 25

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Multiple offences
5. › Totality principle
6. › First limb
7. › Whether total effective sentence unreasonable or plainly unjust
8. › Criminal Appeals Act 2004 (WA), s 24(1)(a), s 31(4), s 41(2)
1. Criminal Law
2. › Sentencing
3. › Aggravated home burglary
4. › Aggravated armed robbery
5. › Sentencing standards
6. › Whether sentences required firming up
7. › Criminal Code (WA), ss 378, 392, 401(1)(a), 401(2)(a)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Methodology
5. › Whether sentencing judge may predetermine total effective sentence and adjust individual sentences to achieve it
6. › Conventional approach of fixing individual sentences first
1. Criminal Law
2. › Sentencing
3. › Error of fact
4. › Whether complainant was at home during aggravated home burglary
5. › Effect of transcription error on sentencing

Quick Take

Sentencing judges should follow the conventional approach of fixing appropriate individual sentences first and then adjusting for totality, rather than predetermining the total effective sentence and reducing individual sentences to achieve it; the latter approach increases the risk of a total effective sentence that does not reflect overall criminality.