Puntigam v The State of Western Australia

The Court of Appeal dismissed the appeals against conviction and sentence brought by Kellie Joanne Puntigam and Frenk Bacich. Puntigam and Bacich were convicted of three counts of robbery and burglary, and had appealed against both conviction and sentence. The Court of Appeal agreed with the trial judge's directions on the application of section 8 of the Criminal Code (WA) in relation to the appellants' criminal liability, and found that there was no material error in the trial judge's directions or findings. The Court of Appeal found that the total effective sentences imposed on the appellants were not manifestly excessive or inadequate, and bore a proper relationship to the overall criminality involved in all of the offences, viewed in their entirety, having regard to all relevant facts and circumstances. The Court of Appeal refused leave to adduce additional evidence in Bacich's sentencing appeal, finding that it was not relevant to the determination of the appeal. The Court of Appeal made orders dismissing the appeals against conviction and sentence by each of the appellants.