Harrison v The State of Western Australia
Case
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[2009] WASCA 58
•5 MARCH 2009
Details
AGLC
Case
Decision Date
Harrison v The State of Western Australia [2009] WASCA 58
[2009] WASCA 58
5 MARCH 2009
CaseChat Overview and Summary
The appellant, Harrison, appealed against his sentence for two counts of aggravated burglary. The trial judge had imposed immediate terms of imprisonment of two years for each count, to be served concurrently. The appeal was heard in the Court of Appeal of Western Australia. The appellant argued that the sentence was manifestly inadequate and that the terms of imprisonment should have been suspended.
The court was required to decide whether the sentence was manifestly inadequate and whether the terms of imprisonment should have been suspended. The court considered the nature of the offending, which involved two counts of aggravated burglary, and the appellant's criminal history. The court also considered the appellant's guilty pleas and the circumstances in which they were entered.
The court held that the sentence was not manifestly inadequate. The court noted that the appellant had pleaded guilty to the charges on the first available court sitting, indicating a willingness to accept responsibility for his actions. The court also considered the appellant's criminal history, which included previous convictions for similar offences. The court held that the sentence reflected the seriousness of the offending and the need to deter the appellant and others from committing similar offences. The court also held that there were no grounds for suspending the terms of imprisonment.
The appeal was dismissed and leave to appeal was refused. The terms of imprisonment imposed by the trial judge were not disturbed.
The court was required to decide whether the sentence was manifestly inadequate and whether the terms of imprisonment should have been suspended. The court considered the nature of the offending, which involved two counts of aggravated burglary, and the appellant's criminal history. The court also considered the appellant's guilty pleas and the circumstances in which they were entered.
The court held that the sentence was not manifestly inadequate. The court noted that the appellant had pleaded guilty to the charges on the first available court sitting, indicating a willingness to accept responsibility for his actions. The court also considered the appellant's criminal history, which included previous convictions for similar offences. The court held that the sentence reflected the seriousness of the offending and the need to deter the appellant and others from committing similar offences. The court also held that there were no grounds for suspending the terms of imprisonment.
The appeal was dismissed and leave to appeal was refused. The terms of imprisonment imposed by the trial judge were not disturbed.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Criminal Liability
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Sentencing
Actions
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Most Recent Citation
Evans v The State of Western Australia [2019] WASCA 73
Cases Citing This Decision
12
Evans v The State of Western Australia
[2019] WASCA 73
Page v The State of Western Australia
[2018] WASCA 76
Humphreys v The State of Western Australia
[2017] WASCA 208
Cases Cited
10
Statutory Material Cited
1
Drake v The State of Western Australia
[2006] WASCA 209
R v Ward
[1999] WASCA 157
The State of Western Australia v Sabek
[2005] WASCA 207