The State of Western Australia v Doodson

The appeal was brought by the State of Western Australia against the sentence of Robert Wayne Doodson for aggravated robbery, committed while Doodson was on parole for other offences. The Court of Appeal found that the sentence of 12 months' immediate imprisonment for the aggravated robbery offence was manifestly inadequate and that the new total effective sentence of 7 years 9 months' imprisonment infringed the first limb of the totality principle. The appeal was allowed on these grounds and Doodson was resentenced to 2 years 9 months' immediate imprisonment for the aggravated robbery offence, to be served cumulatively upon the sentences for the previous offences. This results in a total effective sentence of 9 years 6 months' imprisonment. The Court held that the totality principle requires that the total effective sentence imposed on an offender who has committed multiple offences bears a proper relationship to the overall criminality involved in all of the offences, viewed in their entirety, having regard to all relevant facts and circumstances including those referable to the offender personally. The Court found that the new total effective sentence of 7 years 9 months' imprisonment imposed by the sentencing judge infringed the first limb of the totality principle. The appeal should be allowed on that basis and Doodson should be resentenced.