WA v Ridout

[2024] WASCA 98

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Dangerous driving occasioning death
5. › Aggravated by excessive speed
6. › Whether sentence of partially suspended imprisonment manifestly inadequate as to type and length
7. › Road Traffic Act 1974 (WA), s 59(1)(b), s 59(3)(a)(i), s 49AB(1)(b)
1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Residual discretion
5. › Whether court should refuse to interfere notwithstanding appellable error established
6. › Criminal Appeals Act 2004 (WA), s 31(4)(a)

Quick Take

The sentencing range for aggravated dangerous driving occasioning death in WA is 3-8 years' immediate imprisonment, and partially suspended sentences are not appropriate even where there are substantial mitigating factors including youth, remorse, early guilty plea and extra-curial punishment, according to the Court of Appeal.