Wilson v WA

[2025] WASCA 8

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Discount for plea of guilty
4. › First reasonable opportunity
5. › Whether delay to secure forensic advantage in relation to other charges renders delay reasonable
6. › Whether forensic prejudice relevant to assessment of first reasonable opportunity under statutory regime
7. › Sentencing Act 1995 (WA), s 9AA
1. Criminal Law
2. › Sentencing
3. › Discount for plea of guilty
4. › Adequacy of discount
5. › Whether discounts of 5% to 15% for late pleas manifestly inadequate
6. › Sentencing Act 1995 (WA), s 9AA
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple domestic violence offences
5. › Whether total effective sentence bore proper relationship to overall criminality
1. Criminal Law
2. › Sentencing
3. › Domestic violence
4. › Aggravating factors
5. › Vulnerability of victim
6. › Presence of children
7. › Non-fatal strangulation
8. › Use of weapons
9. › Duration and pattern of offending

Quick Take

Under s 9AA of the Sentencing Act 1995 (WA), an offender who delays entering a plea of guilty to a charged offence in order to avoid forensic disadvantage (such as propensity evidence) in relation to other charged offences will not be treated as having pleaded at the 'first reasonable opportunity', and the maximum 25% discount will not be available.