Clinch v WA

[2024] WASCA 92

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Aggravated home burglary
4. › Whether sentencing judge erred as to the length of time over which the assault took place
5. › Whether characterisation of assault as prolonged and persistent constituted error of fact
6. › Criminal Code (WA), s 401(2)(a)
1. Criminal Law
2. › Appeal against sentence
3. › Manifest excess
4. › Aggravated home burglary involving domestic violence
5. › Whether sentence of 4 years' immediate imprisonment manifestly excessive
6. › Criminal Code (WA), s 401(2)(a)
1. Criminal Law
2. › Appeal against sentence
3. › Leave to appeal
4. › Discretion to refuse leave even where express error established
5. › Whether different sentence would have been imposed
6. › Criminal Appeals Act 2004 (WA), s 27(2)

Quick Take

Four years' imprisonment is within the acceptable sentencing range for aggravated home burglary involving domestic violence where the offender has a history of domestic violence, limited remorse, and guarded rehabilitation prospects.