Gamble v The State of Western Australia

Gamble was charged with the murder of his de facto wife, who was killed while a violence restraining order was in effect. The offence was committed in the presence of the couple’s 9-year-old son. The appellant was sentenced to life imprisonment with a non-parole period of 26 years. The appeal was against the length of the non-parole period. The legal issue before the court was whether the imposition of a sentence of strict security life imprisonment constituted an error of law and whether a sentence of life imprisonment should have been imposed instead. The court held that the sentence was not manifestly inadequate and the appeal was dismissed. The court found that the killing was unprovoked, frenzied, and occurred in the presence of the child. The court held that these were substantial aggravating features which warranted a lengthy non-parole period. The court found that the sentence was not manifestly inadequate and the appeal was dismissed.