Duff v The State of Western Australia

Duff has appealed against his conviction and sentence to the Court of Appeal of the Supreme Court of Western Australia. Duff was convicted of one count of manslaughter by driving and one count of causing grievous bodily harm by driving. The appeal centred on the sentence of imprisonment and the imposition of a lifetime disqualification from driving. The Court of Appeal was asked to determine whether the trial judge erred in the sentence by placing undue weight on the aggravating features of the case, and whether the cumulative sentences and the life disqualification were manifestly excessive. The Court of Appeal found that the trial judge had not erred in sentencing, nor was the sentence manifestly excessive. The trial judge had appropriately taken into account the aggravating features of the case, and the sentence was proportionate to the offending. The appeal was dismissed as there was no reasonable prospect of the appeal succeeding. The appeal was dismissed under rule 43(2)(g)(i) of the Supreme Court (Court of Appeal) Rules 2005. Duff's application for leave to appeal was refused on all grounds.