WA v Zer

[2024] WASCA 84

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Child sex offences
5. › Offences committed by foster father against foster child over 12-month period
6. › Totality principle
7. › Whether total effective sentence breached first limb of totality principle
8. › Whether sentence disproportionate to overall criminality
9. › Criminal Code (WA), s 321(2), s 321(4), s 321(7)(b), s 321(8)(b)
10. › Criminal Appeals Act 2004 (WA), s 24(1)(a)
1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Residual discretion
5. › Whether residual discretion should be exercised to dismiss appeal notwithstanding error
6. › Need to maintain sentencing standards
7. › Criminal Appeals Act 2004 (WA), s 31(4)(a)

Quick Take

Sentencing judges dealing with sexual offences by foster parents against foster children should ensure that total effective sentences adequately reflect the particular vulnerability of the victim, the breach of trust inherent in the foster care relationship, and the importance of general deterrence in maintaining public confidence in the State care system.