Hewins v The State of Western Australia

The appeal by Benjamin Michael Hewins against his sentence imposed by the District Court was heard by Buss P and Mazza JA in the Court of Appeal of Western Australia. The appellant sought leave to appeal the sentence imposed by Petrusa DCJ, arguing that the sentence was manifestly excessive and violated the first limb of the totality principle. The court granted an extension of time for filing the appeal notice due to the appellant's self-representation and the short delay in filing.

The appellant and his brothers were charged with multiple offences stemming from two incidents of aggravated burglary, assault, and criminal damage. The appellant pleaded guilty to some counts and circumstances of aggravation but not guilty to others, resulting in a sentence of 5 years 2 months for the first count, 3 years for the second count, 2 years for the third count, and 3 years for the fourth count, to be served concurrently or cumulatively as ordered. The total effective sentence was 8 years 2 months.

The appellant argued that the sentence on count 1 was manifestly excessive and that the total effective sentence infringed the first limb of the totality principle. The court found that the appellant's culpability was extremely high due to the premeditated and violent nature of the offences, and that the sentence imposed was not manifestly excessive or plainly unjust. The court concluded that the appeal had no reasonable prospect of success and dismissed the appeal against sentence. The orders made by the court were to grant the extension of time, refuse leave to appeal on both grounds, and dismiss the appeal.