Indich v Bracknell

The Supreme Court of Western Australia heard an appeal brought by Candice Maree Indich against Michelle Louise Bracknell. Indich had pleaded guilty to a charge of failing to appear in court as required by a bail undertaking and was sentenced to six months and one day imprisonment, suspended for 12 months. Indich appealed the sentence, arguing that it was manifestly excessive given her plea of guilty, her personal circumstances, her age, and the nature of the offence. The court was required to determine whether the sentence imposed by the Magistrate was appropriate and whether it complied with the Sentencing Act 1995 (WA). The court held that the Magistrate had erred in imposing a sentence of imprisonment, particularly given that the offence did not merit such a severe penalty. The court also found that the Magistrate had incorrectly imposed a sentence of six months and one day, which was the minimum sentence allowable under the amended Sentencing Act. The court held that this was an error of principle and that the sentence should be set aside. Instead, the court imposed a fine of $400.