The State of Western Australia v Lee

In the case of The State of Western Australia v Lee [2013] WASCA 246, the Court of Appeal considered an appeal against the sentence imposed on the respondents, Jonathon Robert Lee and Sam Jacob Walker, who were convicted of the murder of David John Houston. The State of Western Australia argued that the non-parole period of 12 years imposed on each offender was manifestly inadequate. The respondents, in turn, applied for leave to cross-appeal on the ground that their non-parole periods infringed the parity principle.

The court first examined the legal issues, including the relevance of statutory minimum non-parole periods for offences of wilful murder and murder prior to the Criminal Law Amendment (Homicide) Act 2008 (WA), the effect of a guilty plea on the non-parole period, and the circumstances of the offending. The court then assessed the sentencing judge's decision, considering the gravity of the offence, the personal circumstances of the offenders, and the principle of parity of sentencing between offenders.

In its reasoning, the court held that the non-parole period of 12 years was manifestly inadequate, as it did not reflect the seriousness of the offence and was not consistent with sentences imposed in comparable cases. The court also dismissed Lee's cross-appeal, finding that the non-parole periods should be equal, given the totality of the circumstances of the offending and the personal circumstances of the offenders.

As a result of the appeal, the court allowed the State's appeal, set aside the non-parole period of 12 years imposed on each respondent, and in lieu thereof imposed a non-parole period of 21 years for each offender. The cross-appeal was dismissed, and no further orders were made.