Lee v WA

[2025] WASCA 32

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Individual sentences
6. › Whether sentence of 4 years for assault occasioning bodily harm with maximum of 5 years was manifestly excessive
7. › Criminal Code (WA), s 317(1)(b)
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Express error
5. › Whether sentencing judge wrongly found victims' lives were endangered when not alleged by prosecution
6. › Whether sentencing judge took into account grievous bodily harm when only assault occasioning bodily harm charged
7. › Criminal Code (WA), ss 297, 304, 317
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Expert evidence
5. › Whether sentencing judge entitled to reject uncontradicted expert psychiatric evidence of cognitive impairment
6. › Weight to be given to expert opinion
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Whether total effective sentence bore proper relationship to overall criminality
5. › Criminal Appeals Act 2004 (WA), s 41(2)

Quick Take

A sentence of 4 years' imprisonment for assault occasioning bodily harm (s 317(1)(b) Criminal Code (WA), maximum 5 years) was manifestly excessive even for a very serious instance of the offence where the victim was vulnerable due to prior poisoning, where the offending was not found to be in the worst category and the State did not contend it was.