Fleay v The State of Western Australia

The appellant, Scott Francis Fleay, appealed against his sentence imposed by the District Court of Western Australia for multiple counts of stealing and stealing as a director, contrary to the Criminal Code (WA). The Court of Appeal was required to decide whether the total effective sentence of 6 years' imprisonment infringed the first limb of the totality principle. The court considered the principles governing appeals against sentence based on the totality principle and the relevant facts and circumstances of the case. The court found that the appellant's offending was of high criminality, involving a large sum of money stolen over a long period of time, and a gross breach of trust. The dominant sentencing consideration was general deterrence. Although the appellant had repaid the stolen funds and suffered extra-curial punishment and public opprobrium, the court was not persuaded that the total effective sentence infringed the first limb of the totality principle. The appeal was dismissed, and leave to appeal was granted.

The Court of Appeal dismissed the appeal against sentence and made the following orders: (1) Leave to appeal is granted; (2) The appeal is dismissed.