McKay v The State of Western Australia

Donald Malcolm McKay appeals against his sentence of 2 years 10 months' immediate imprisonment imposed by Burrows DCJ for aggravated burglary. The appeal was heard by Buss P, Mazza JA and Mitchell JA of the Court of Appeal. McKay argues that the disparity between his sentence and that of his co-offender, Ms Richards, infringes the parity principle. The Court considered the facts found by Burrows DCJ in relation to McKay's offending and the facts found by Goetze DCJ in relation to Ms Richards' offending. The Court found that the disparity between the sentences did not give rise to an objectively justifiable sense of grievance. McKay also argues that there is insufficient disparity between his sentence and those of two other co-offenders, Ms Smith and Mr Landers. The Court found that the disparity between the sentences was not unreasonable or plainly unjust. The appeal was dismissed.