Mastrolembo v WA

[2026] WASCA 27

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Express error
5. › Sentencing judge having regard to traffic infringement notices
6. › Whether payment of infringement notice constitutes admission of underlying conduct
7. › Whether infringement history relevant to personal deterrence
8. › Criminal Procedure Act 2004 (WA), s 16
9. › Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA), s 24
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Failing to stop and ensure assistance after incident occasioning death
6. › Whether sentence of imprisonment and licence disqualification manifestly excessive
7. › Road Traffic Act 1974 (WA), s 54
1. Criminal Law
2. › Sentencing
3. › Traffic offences
4. › Failing to stop and render assistance
5. › Circumstance of aggravation that incident occasioned death
6. › Sentencing principles
7. › General and personal deterrence
8. › Road Traffic Act 1974 (WA), s 54(3)

Quick Take

Payment of traffic infringement notices under the Criminal Procedure Act 2004 (WA) and the FPINE Act does not constitute an admission of the underlying conduct and cannot be used as evidence of that conduct in sentencing proceedings to establish a need for personal deterrence, unless the offender separately admits the underlying conduct.

Case Details

Citation[2026] WASCA 27

CourtWASCA

JurisdictionWestern Australia

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Relies on15

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2020The State of Western Australia v MolloyWASCA 123
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