Buckmaster v The King

The appeal concerned a conviction recorded against the appellant, Buckmaster, following a guilty plea. The dispute before the Court of Appeal of Western Australia was whether the sentence imposed was excessive or unjust.

The legal issues before the Court were whether the sentencing judge erred in fixing the starting point for the sentence, and whether the non-parole period was excessive or unjust.

The Court found that the starting point of two years and six months for the sentence was not reasonably arguable as excessive or unjust. It noted that after a reduction for the guilty plea, the judge imposed a non-parole period of nine months, which was described as merciful. This period was intended to allow the appellant an extended period of supervised parole, which the judge considered beneficial to the community.

Consequently, the Court of Appeal dismissed the appeal against conviction and refused permission to appeal against the sentence.