SMO v The State of Western Australia

This is an appeal against sentence. The appellant was convicted on six counts of historical child sex offences and was sentenced to a total effective sentence of 6 years 6 months' imprisonment. The appellant appeals on two grounds, alleging that the total effective sentence infringes both limbs of the totality principle. The appeal was dismissed. The appellant submitted that the total effective sentence infringed the first limb of the totality principle. The court found that the total effective sentence bore a proper relationship to the overall criminality involved in all the offences viewed in their entirety and having regard to all relevant facts and circumstances including those referrable to the appellant personally, all relevant sentencing factors and the total effective sentences imposed in the comparable cases. The court also found that the total effective sentence did not infringe the second limb of the totality principle, which is that the court should not impose a 'crushing' sentence. The court found that there was no evidence before the sentencing judge and no argument was put to him to the effect that the various conditions from which the appellant suffered could not be adequately treated within the prison system. The court held that the total effective sentence of 6 years 6 months' imprisonment was not crushing in the sense that it would destroy any reasonable expectation of a useful life after release. The appeal was dismissed and leave to appeal was granted on grounds 1 and 2.