Myb v WA

[2024] WASCA 53

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifestly excessive
5. › Family and domestic violence
6. › Aggravated strangulation and assault causing bodily harm
7. › Whether sentence of 5 years' imprisonment for s 304(2) offence manifestly excessive
8. › Criminal Code (WA), s 298, s 304(2)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Prior sentence for unrelated offences
5. › Whether sentencing judge ought to have reduced sentence for totality in light of earlier sentence already served
6. › Sentencing Act 1995 (WA), s 6(3)(b)
1. Criminal Law
2. › Sentencing
3. › Domestic violence offences
4. › General deterrence
5. › Strangulation as aggravating feature
6. › Relevance of psychological harm and risk of escalation
7. › Criminal Code (WA), s 298, s 304(2)

Quick Take

In domestic violence sentencing matters, the Court emphasizes strangulation as a particularly serious aggravating feature, recognizes the relevance of psychological harm beyond physical injuries, and identifies circumstances in which the totality principle's assumptions may be negated.