JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: THOMPSON -v- WA POLICE [2024] WASC 476
CORAM: SEAWARD J
HEARD: 5 DECEMBER 2024
DELIVERED : 13 DECEMBER 2024
FILE NO/S: SJA 1059 of 2024
BETWEEN: CLINTON GARTH THOMPSON
Appellant
AND
WA POLICE
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE ATKINS
File Number : MH 3350-3355 of 2024; PE 3467-3508 of 2024; PE 3510-3516 of 2024; PE 24316-24374 of 2023
Catchwords:
Single Judge Appeal - Appeal against sentence - Totality principle - Whether the sentence beared a proper relationship to the overall criminality of the conduct - Turns on own facts
Legislation:
Bail Act 1983 (WA), s 51(2a)
Restraining Orders Act 1997 (WA), s 61, s 61A
Sentencing Act 1995 (WA), s 124E
Result:
Leave to appeal refused
Appeal dismissed
Category: B
Representation:
Counsel:
| Appellant | : | Mr G Yin |
| Respondent | : | Ms R Panetta |
Solicitors:
| Appellant | : | D G Price & Co, Barristers & Solicitors |
| Respondent | : | State Solicitor's Office |
Case(s) referred to in decision(s):
Allen v The State of Western Australia [2017] WASCA 203
Burton v Steer [2019] WASC 299
Dennis v Lanternier [No 2] [2017] WASC 5
Forward v Bower [2007] WASC 205
House v The King (1936) 55 CLR 499
Howell v Davies [2019] WASC 220
Kambabi v The State of Western Australia [2019] WASCA 44
Kelly v The State of Western Australia [2024] WASCA 116
Lawson v Director of Public Prosecutions [No 2] [2024] WASC 279
Marich v WA Police [2024] WASC 173
Markarian v The Queen (2005) 228 CLR 357
Musgrove v Millard [2012] WASC 60
Rogers v Hitchcock [2015] WASC 120
Salkilld v Western Australia [2017] WASCA 168
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
SEAWARD J:
Introduction
On 1 August 2024, the appellant, Mr Clinton Garth Thompson, was declared to be a serial family violence offender pursuant to s 124E of the Sentencing Act 1995 (WA) (Sentencing Act). Mr Thompson was sentenced to a total effective term of 18 months' immediate imprisonment for a total of 114 offences, being:
(a)105 counts of breaching an interim family violence restraining order (FVRO) contrary to the Restraining Orders Act 1997 (WA) (RO Act); and
(b)nine counts of breaching protective bail conditions between 21 February 2023 and 4 April 2024 contrary to s 51(2a) of the Bail Act 1982 (WA) (Bail Act).
The sole ground of appeal is that the sentence imposed infringed the first limb of the totality principle as it did not bear a proper relationship to the overall criminality of Mr Thompson's conduct, having regard to all the relevant circumstances, including those referable to Mr Thompson personally.
For the reasons set out below, I do not consider that the sentence infringes the first limb…
Keep reading for free
Create a free CaseChat account to read Thompson v WA Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] WASC 476
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed was proportionate to the overall criminality of Thompson's conduct. This required a detailed analysis of the principles of sentencing, particularly the totality principle, which mandates that the overall sentence should reflect the total criminality of the offender's conduct. The court had to determine if the sentence bore a proper relationship to the gravity and nature of the crimes committed.
In its judgment, the Court of Appeal found that the Magistrates Court had not adequately considered the totality of Thompson's criminal conduct when imposing the sentence. The court held that the sentence did not bear a proper relationship to the overall criminality of the conduct, leading to a conclusion that the sentence was disproportionate. Consequently, the appeal was allowed, and the matter was remitted to the Magistrates Court for resentencing. The Court of Appeal directed that the Magistrates Court consider the totality of Thompson's criminal conduct and impose a sentence that appropriately reflects the gravity of the offences.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.