Fitzgerald v WA

[2024] WASCA 58

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Application for leave to appeal
4. › Aggravated home burglary
5. › Whether sentence manifestly excessive
6. › Criminal Code (WA), s 401(2)(a)
1. Criminal Law
2. › Sentencing
3. › Application for leave to appeal
4. › Threats with intent to rob
5. › Whether individual sentences manifestly excessive
6. › Criminal Code (WA), s 393(c), (d)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Whether total effective sentence bears proper relationship to overall criminality
6. › Multiple offences committed on same occasion involving separate victims
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Application to prior sentences
5. › Whether trial judge erred in failing to apply totality principle to Magistrates Court sentences
6. › Whether totality principle applies by analogy to completed sentences

Quick Take

The totality principle may apply by analogy to completed prior sentences, but the sentencing court requires material as to the particulars and circumstances of the prior offending to apply it.