Downie v The State of Western Australia

This is an appeal against sentence. The appellant requires an extension of time. The appeal was filed 19 days out of time. The delay has been adequately explained. The court granted the extension of time. The appellant pleaded guilty to 24 sexual offences contained in two indictments. He was sentenced by separate judges of the District Court on separate days. He was ordered to serve 3 years and 6 months' imprisonment in respect of each indictment to be served cumulatively. Thus, the total effective sentence imposed was 7 years' imprisonment. The second term of 3 years and 6 months' immediate imprisonment was imposed by McCann DCJ. This appeal focuses on that sentence. The appellant alleges that the sentence offends the first limb of the totality principle (ground 1) and that his Honour made a number of express errors (ground 2). Leave to appeal has been granted in respect of ground 2. The question of leave to appeal on ground 1 was referred to the hearing of the appeal. In my opinion, neither ground has been made out and the appeal must be dismissed. My reasons for arriving at these conclusions are as follows. Neither ground of appeal has been made out. The court made the following orders: 1) An extension of time to appeal is granted. 2) Leave to appeal on ground 1 is refused. 3) The appeal is dismissed.