Tran v The State of Western Australia

The appellant, Tran, appealed against his conviction and sentence in the Supreme Court of Western Australia. Tran was convicted of four counts in an indictment and 24 offences on a notice under section 32 of the Sentencing Act 1995 (WA). His convictions related to various driving offences, including driving while suspended, driving without a licence, and driving while disqualified. The appellant entered pleas of guilty to all charges. The court imposed a total effective sentence of five years' imprisonment, fines totalling $9,600, and a six-year disqualification from driving a motor vehicle. Tran argued that the total effective custodial sentence infringed the first limb of the totality principle and that the sentencing judge erred in imposing fines, in addition to imprisonment, for multiple offences of driving while under suspension.

The court considered whether the total effective custodial sentence imposed on Tran was unjust or disproportionate, thereby contravening the first limb of the totality principle. The court also examined if the imposition of fines, in addition to imprisonment, for the multiple offences of driving while under suspension was appropriate. The court acknowledged the seriousness of Tran's offences and the need for punishment and deterrence. However, the court noted that the appellant's offending was not of the highest degree of culpability, and the cumulative effect of the sentences imposed could potentially be unjust or disproportionate. The court found that the sentencing judge erred in imposing fines for the multiple offences of driving while under suspension, as the fines were not necessary in addition to the imprisonment sentence.

The appeal was allowed, and the sentences imposed on Tran were set aside. The matter was remitted to the sentencing judge for reconsideration of the appropriate sentence for the offences. The court emphasised the importance of ensuring that the total effective sentence imposed is just and proportionate to the offending, and that fines should not be imposed in addition to imprisonment for multiple offences of driving while under suspension, unless there are exceptional circumstances. The court did not specify the exact sentence to be imposed but directed that the sentencing judge consider the totality principle and the need for appropriate punishment and deterrence in determining the new sentence.