Rodi v State of Western Australia

The High Court of Australia considered an appeal by Rodi against the State of Western Australia concerning the interpretation and application of the *Criminal Code Act Compilation Act 1913* (WA) and the *Sentencing Act 1995* (WA). The dispute arose from the appellant's conviction and sentence for a serious criminal offence.

The central legal issue before the High Court was whether the *Sentencing Act 1995* (WA) validly applied to offences committed before its commencement, specifically where the *Criminal Code Act Compilation Act 1913* (WA) provided for a different sentencing regime. The court was required to determine the interplay between the retrospective application of sentencing legislation and the principle that a person should be sentenced according to the law in force at the time of the commission of the offence.

The High Court reasoned that the *Sentencing Act 1995* (WA) was intended to operate prospectively and did not, by its terms, apply to offences committed prior to its commencement. Their Honours held that the general rule against retrospective application of criminal statutes, particularly those imposing harsher penalties or altering sentencing procedures, was applicable. The court emphasised that any legislative intention to depart from this principle must be clear and unambiguous. Consequently, the sentencing of the appellant was to be governed by the provisions of the *Criminal Code Act Compilation Act 1913* (WA) as they stood at the time of the offence.

The High Court allowed the appeal, setting aside the sentence imposed under the *Sentencing Act 1995* (WA) and remitting the matter to the Supreme Court of Western Australia for resentencing in accordance with the *Criminal Code Act Compilation Act 1913* (WA).