DAL v The State of Western Australia

In the case of DAL v The State of Western Australia, the appellant appealed against his sentence, which included an order for indefinite imprisonment under section 98 of the Sentencing Act 2004 (WA). The appellant was convicted of various sexual offences and was sentenced by the sentencing Judge in the Supreme Court of Western Australia. The appellant argued that the sentencing Judge failed to make findings of fact and take into account relevant considerations, including his status under the Community Protection (Offender Reporting) Act 2004 (WA) and possible anti-androgen therapy.

The primary legal issue was whether the sentencing Judge failed to consider relevant factors and whether the fixed terms of imprisonment and the order for indefinite imprisonment formed a single sentencing decision. The Court held that if the indefinite imprisonment order was set aside, the whole sentencing decision should be set aside. The Court also considered whether the matter should be remitted to the sentencing Judge for re-sentencing, given the subsequent enactment of the Dangerous Sexual Offenders Act 2004 (WA).

The Court found that the sentencing Judge did not make findings of fact regarding the appellant's status under the Community Protection (Offender Reporting) Act 2004 (WA) and did not take into account possible anti-androgen therapy. The Court concluded that the fixed terms of imprisonment and the order for indefinite imprisonment formed a single sentencing decision. Therefore, the appeal was allowed, and the sentences imposed by the sentencing Judge, including the order for indefinite imprisonment, were set aside. The matter was remitted to the sentencing Judge for the purpose of sentencing the appellant afresh.