Vidovic v WA

[2024] WASCA 63

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Sentencing after jury trial
4. › Fact-finding by sentencing judge
5. › Special verdicts as to quantity of stolen property
6. › Whether sentencing judge's findings inconsistent with special verdicts
7. › Criminal Procedure Act 2004 (WA), s 113(2)
1. Criminal Law
2. › Appeal against sentence
3. › Manifest excess
4. › Individual sentence for stealing
5. › Whether sentence on count 1 manifestly excessive
6. › Criminal Code (WA), s 378
1. Criminal Law
2. › Appeal against sentence
3. › Totality principle
4. › First limb
5. › Whether total effective sentence bore proper relationship to overall criminality
6. › Multiple counts of stealing
1. Criminal Law
2. › Sentencing
3. › Reparation orders
4. › Compensation order
5. › Whether compensation order unjustified where offender an undischarged bankrupt
6. › Quantum of compensation order
7. › Sentencing Act 1995 (WA), ss 109, 110, 117, 119, 119A

Quick Take

A compensation order under s 117 of the Sentencing Act 1995 (WA) may be made against an undischarged bankrupt, and the question of whether an offender's means is a relevant discretionary factor remains unresolved.