Costar v WA

[2025] WASCA 187

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Miscarriage of justice
4. › Information not presented to sentencing judge
5. › New evidence on appeal
6. › Mental illness
7. › Whether sentencing judge's finding that appellant chose not to take medication was vitiated by new evidence showing appellant sought medication and lacked capacity to decline it
1. Criminal Law
2. › Appeal against sentence
3. › Fresh evidence
4. › Additional evidence
5. › Whether leave to adduce additional evidence should be granted
6. › Psychiatric report and mental health records not before sentencing judge
1. Criminal Law
2. › Appeal against sentence
3. › Sentencing error
4. › Wrong facts taken into account
5. › Prior domestic assault
6. › Whether sentencing judge relied on incorrect statement of facts for prior offence
1. Criminal Law
2. › Sentencing
3. › Aggravated home burglary and offences of violence
4. › Mental illness
5. › Schizophrenia
6. › Moral culpability
7. › Effect of mental illness on sentencing considerations including deterrence and community protection
8. › Criminal Code (WA), ss 401(2), 304(2)(b), 317(1)(a)

Quick Take

Where a mentally ill offender has sought but been unable to obtain medication due to failures of mental health services, and the offender likely lacked capacity to decline medication, moral culpability is substantially reduced and the weight given to personal and general deterrence should be moderated, though community protection may be of increased significance.