Caporn v The State of Western Australia [No 2]

Caporn, the appellant, brought an appeal against his conviction for aggravated armed robbery and the sentence imposed by the Supreme Court of Western Australia. The State of Western Australia was the respondent in the appeal. The appellant was indicted for robbery with circumstances of aggravation and stealing a motor vehicle with a circumstance of aggravation. The trial judge directed the jury to give verdicts of guilty or not guilty on each count, including the circumstances of aggravation. The appellant argued that the verdicts of guilty or not guilty should have been taken first on the substantive charges, followed by the verdicts on each circumstance of aggravation. The appellant also argued that the sentence of 30 months' imprisonment for aggravated armed robbery was manifestly inadequate when considered cumulatively with the 12 months' imprisonment for stealing a motor vehicle and driving recklessly.

The court considered whether there was any error of law in the direction given to the jury and whether there was any substantial miscarriage of justice. The court also considered whether the sentence imposed was manifestly inadequate. The court found that there was no error of law in the direction given to the jury and that there was no substantial miscarriage of justice. The court also found that the sentence imposed was not manifestly inadequate when considered cumulatively with the 12 months' imprisonment for stealing a motor vehicle and driving recklessly.

The court dismissed the appeal against conviction and allowed the appeal against sentence. The sentences were quashed, and the appellant was resentenced to an effective term of 5 years' imprisonment.