Bennett v WA

[2025] WASCA 100

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Sexual offences
4. › Sexual penetration without consent
5. › Whether sentencing judge made express error finding offending aggravated by threats of violence
6. › Criminal Code (WA), s 325(1)
1. Criminal Law
2. › Appeal against sentence
3. › Sexual offences
4. › Sexual penetration without consent
5. › Whether individual sentences manifestly excessive
6. › Relevance of pleas of guilty and comparable sentences
7. › Criminal Code (WA), s 325(1)
8. › Sentencing Act 1995 (WA), s 9AA
1. Criminal Law
2. › Appeal against sentence
3. › Totality principle
4. › Whether total effective sentence infringes first limb of totality principle
5. › Whether total effective sentence disproportionate to total criminality

Quick Take

For a single count of non-aggravated sexual penetration without consent under s 325(1) of the Criminal Code (WA) after a plea of guilty, the customary sentencing range in the Court of Appeal is 2 to 4 years' immediate imprisonment, and sentences exceeding 4 years require strong justification.

Case Details

Citation[2025] WASCA 100

CourtWASCA

JurisdictionWestern Australia

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Relies on9

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2024The State of Western Australia v WynneWASCA 20
2023The State of Western Australia v RayapenWASCA 55
2020The State of Western Australia v JacobyWASCA 150
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