The State of Western Australia v Chungarai

This is an appeal against sentence brought by the State of Western Australia against the respondent, Daniel Chungarai. The respondent was convicted of four offences: deprivation of liberty, threat to kill, aggravated assault occasioning bodily harm, and aggravated unlawful wounding. The appellant submits that the sentences of 6 months' imprisonment for count 1, 2 years' imprisonment for count 3, and the total effective sentence of 3 years and 6 months' imprisonment were manifestly inadequate and contravened the first limb of the totality principle. The appeal was heard by Buss P, Mazza JA, and Beech JA, who held that the appeal should be allowed. The sentencing decision was set aside and the respondent was resentenced to a total effective sentence of 6 years' imprisonment. The Court found that the sentences for counts 1 and 3 were manifestly inadequate and that the total effective sentence fell well short of bearing a proper relationship to the overall criminality involved in all of the respondent's offences. The Court rejected the respondent's submissions that there was no reason for the Court to exercise the residual discretion and held that it would allow the appeal and resentence the respondent to a total effective sentence of 6 years' imprisonment.