The State of Western Australia v LSM

The appeal in this case was brought by the State of Western Australia against the sentence imposed by Gillan DCJ on the respondent, LSM, for multiple serious offences against his wife. The respondent was convicted on his pleas of guilty to seven counts: one count of deprivation of liberty, four counts of aggravated sexual penetration without consent, one count of threat to kill and one count of attempt to pervert the course of justice. Gillan DCJ imposed a total effective sentence of 5 years and 6 months imprisonment, which the State appealed on three grounds. The appeal was allowed and the sentences set aside, with the respondent resentenced to a total effective sentence of 9 years and 6 months imprisonment.

The first ground of appeal was that Gillan DCJ erred in reducing the head sentence by 25% for the respondent's pleas of guilty, as the pleas were not entered at the first reasonable opportunity. This ground was upheld in relation to counts 1 to 5 and count 7. The second ground was that the individual sentences for the four counts of aggravated sexual penetration were manifestly inadequate. This ground was also upheld, as the individual sentences did not reflect the objective seriousness of the offences committed against a highly vulnerable victim. The third ground was that the total effective sentence infringed the first limb of the totality principle. This ground was upheld, as the total effective sentence did not adequately reflect the overall criminality involved in all the offences.

In resentencing the respondent, the Court imposed individual sentences ranging from 2 years to 6 years and 9 months imprisonment, with the total effective sentence being 9 years and 6 months imprisonment. The sentences were backdated to commence on the date of the offending and the respondent was made eligible for parole.