Glasfurd v WA

[2024] WASCA 7

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Dangerous driving occasioning death
4. › Dangerous driving occasioning grievous bodily harm
5. › Dangerous driving occasioning bodily harm
6. › Totality principle
7. › Whether total effective sentence for multiple offences arising from single incident infringed first limb of totality principle
8. › Road Traffic Act 1974 (WA), ss 59(1)(b), 59A(1)(b)
1. Criminal Law
2. › Appeal against sentence
3. › Discount for guilty plea
4. › Plea entered on second day of trial
5. › Change in prosecution case shortly before trial
6. › Whether discount of 12.5% was plainly unreasonable or unjust
7. › Strength of prosecution case as relevant factor
8. › Road Traffic Act 1974 (WA), s 9AA

Quick Take

A change in the prosecution case shortly before trial may explain but does not excuse delay in entering pleas, and the strength of the prosecution case remains a relevant factor in assessing guilty plea discounts.