Cheeseman v The State of Western Australia

In the Supreme Court of Western Australia, Edward Ivan William Cheeseman appeals against his sentence following a conviction on his pleas of guilty to three offences under s 304(2)(b) of the Criminal Code (WA), and several firearms and ammunition offences. The appeal was heard by Mazza JA, Beech JA, and E Ugaughan JA. The central issues in this case were whether the sentencing judge erred in sentencing Cheeseman on a basis not advanced by the prosecution and whether the total effective sentence of 7 years 9 months' imprisonment infringed the first limb of the totality principle. Cheeseman argued that the judge erred by sentencing him on the basis of facts not alleged by the prosecution, by sentencing him on the basis that he was the shooter, and by not considering remorse as a mitigating factor because he did not identify the shooter to the police. Cheeseman also argued that his total effective sentence of 7 years 9 months' imprisonment was manifestly excessive. The court found that the sentencing judge did not err in sentencing Cheeseman on the basis of facts not alleged by the prosecution, nor did she sentence him on the basis that he was the shooter or that remorse was not a mitigating factor. The court found that the total effective sentence of 7 years 9 months' imprisonment was an appropriate reflection of Cheeseman's overall criminality, in all of the circumstances, including taking into account his personal circumstances. The appeal was dismissed.