Siriphanuruk v The State of Western Australia

Case

[2021] WASCA 221


Details
AGLC Case Decision Date
Siriphanuruk v The State of Western Australia [2021] WASCA 221 [2021] WASCA 221

CaseChat Overview and Summary

Thanyaras Siriphanuruk appeals against the sentence and the making of violence restraining orders imposed upon her by the District Court. The appellant was convicted on 12 charges arising from a campaign of intimidation and harassment against three victims, two of whom were adults and the third of whom was a child. The appellant was sentenced to a total effective sentence of 5 years' imprisonment with eligibility for parole, backdated to 19 March 2019. The District Court also made lifetime violence restraining orders to protect the victims. The appellant contends that the individual sentences were manifestly excessive, that the total effective sentence infringed the first limb of the totality principle, and that the making of the violence restraining orders was unnecessary. The Court found that the appellant's appeal against sentence had no reasonable prospect of succeeding. The Court found that the individual sentences were not manifestly excessive and the total effective sentence was not unreasonable or plainly unjust. The Court found that the question of leave to appeal the making of the violence restraining orders should be referred to the hearing of the appeal. The appeal against sentence was dismissed. The appellant's application for leave to appeal the making of the violence restraining orders was referred to the hearing of the appeal.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Criminal Liability

  • Sentencing

  • Vicarious Liability

  • Unconscionable Conduct

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Cases Citing This Decision

4

Cases Cited

4

Statutory Material Cited

0

Ryan v The Queen [2001] HCA 21
Kenny v R [2010] NSWCCA 6