Ninyette v WA

[2025] WASCA 52

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Time in custody on remand
5. › Backdating of sentence
6. › Whether time in custody on indictable charges taken into account where overlapping Magistrates Court sentence for summary offences
7. › Sentencing Act 1995 (WA), s 87
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Mental health and deprived childhood
5. › Causal connection between mental impairment and offending
6. › Whether CPTSD reduced moral culpability for dangerous driving
7. › Whether deprived childhood reduced moral culpability
1. Criminal Law
2. › Sentencing
3. › Dangerous driving occasioning death
4. › Circumstances of aggravation
5. › Appropriate penalty
6. › Community protection
7. › Road Traffic Act 1974 (WA), ss 49AB, 54, 59
1. Criminal Law
2. › Appeal
3. › Resentencing by appellate court
4. › Standard of appellate review of sentencing judge's findings of fact
5. › Whether appellate court in as good a position as sentencing judge to determine factual issues on agreed facts and documentary evidence

Quick Take

Where a Magistrates Court sentence is backdated across a period during which the offender was also in custody on separate indictable charges, the backdating does not alter the character of that custody as time spent in relation to the indictable charges, and the sentencing court for the indictable charges must take that time into account.