NHI v The State of Western Australia

In this case, the appellant was convicted of four counts of gaining a benefit by fraud and sentenced to a total effective sentence of 2 years 8 months' imprisonment. The appellant appealed against his sentence on two grounds: (1) the total effective sentence infringed the first limb of the totality principle, and (2) the discount of 20% for past and future cooperation was manifestly inadequate. The Court of Appeal allowed the appeal on ground 1 but not on ground 2, and resentenced the appellant to a total effective sentence of 2 years' imprisonment. The Court held that the total effective sentence of 2 years 8 months' imprisonment was unreasonable or plainly unjust, taking into account the nature and extent of the appellant's offending, the mitigating factors in his favour, and the total effective sentences imposed in prior cases involving similar offending. The Court also held that the discount of 20% for the appellant's cooperation was not so low as to reveal implied error, given the limited scope of the appellant's assistance and the risk to his welfare. The Court resentenced the appellant to a term of 14 months' imprisonment on each count, with the sentence on count 2 to be served cumulatively on the sentence on count 1, and the sentences on counts 3 and 4 to be served concurrently with the sentence on count 1. The new total effective sentence was to be 2 years' imprisonment, commencing on 13 March 2020, and the appellant was to be eligible for parole.