The State of Western Australia v Tawhitapou

The State of Western Australia has appealed against the sentence imposed on the respondent, Tawhitapou, who was convicted on his pleas of guilty of multiple serious offences. The Court of Appeal considered two grounds of appeal: the total effective sentence of 4 years' imprisonment was unreasonable or plainly unjust and the primary judge erred in finding that the complainant was not home at the time of the aggravated home burglary. The Court found merit in both grounds. The total effective sentence was substantially less than the sentence that was open to the primary judge on a proper exercise of his sentencing discretion. The primary judge had made an error of fact and law in finding that the complainant was not home at the time of the aggravated home burglary. The Court set aside the sentencing decision of the primary judge and resentenced the respondent. The new total effective sentence is 7 years' imprisonment, backdated to the date the respondent was first taken into custody in relation to the offences in question.