Nannup v The State of Western Australia

In this case, the appellant, Anthony Francis Nannup, appealed against the sentence imposed on him by Troy DCJ in the District Court of Western Australia. The appellant was convicted on two counts: one count of aggravated home burglary and one count of stealing. The appellant pleaded guilty to both counts. The appellant, who has Foetal Alcohol Spectrum Disorder and other impairments, argued that the sentence imposed on the home burglary count was manifestly excessive. The court agreed with the appellant and resentenced him to 14 months' imprisonment suspended for 12 months. The court found that the length of the term of imprisonment imposed on the appellant was manifestly excessive, considering his mental impairments, youth, and early guilty plea. The court took into account the period the appellant had already spent in custody on remand and decided that a shorter term of imprisonment was appropriate. The court also considered the new NDIS plan for the appellant and his continued support, hoping that he can be induced to stop offending. The court imposed a sentence of 14 months' imprisonment suspended for 12 months, with the new sentence taken to have taken effect from 25 June 2020.