The State of Western Australia v Billett

The Court of Appeal of Western Australia allowed appeals by the State against the sentences of Benjamin Robert Billett and Aaron James Walter Klinger, who were convicted of aggravated home burglary, threats, and assault. The respondents had been sentenced to 18 months' imprisonment on counts 1 and 4 of the indictment, and the sentences were to be served concurrently. The State contended that the sentences were manifestly inadequate and breached the first limb of the totality principle. The appeals were heard on 4 November 2022, and the Court allowed the appeals, setting aside the sentences on counts 1 and 4 and substituting new sentences. The Court found that the sentences of 18 months' imprisonment for the aggravated home burglary offences were manifestly inadequate and inconsistent with the sentences imposed in cases of comparable seriousness. The Court also found that the total effective sentences of 18 months' imprisonment breached the first limb of the totality principle as they failed to reflect the overall criminality of the offending conduct. The Court took into account the mitigating factors of the respondents' early pleas of guilty and expressions of remorse, but found that these factors did not justify sentences that failed to reflect the objective seriousness of the offences. The Court exercised its residual discretion to intervene and resentenced the respondents, taking into account their efforts towards rehabilitation in prison. The new sentences for counts 1 and 4 were 3 years' imprisonment and 4 years 3 months' imprisonment respectively, to be served concurrently with the sentences on the other counts.