Vander Sanden v Johnson

Vander Sanden appealed against the sentence of imprisonment imposed for failing to comply with the Quarantine (Closing the Border) Directions made under the Emergency Management Act 2005 (WA). The appellant entered Western Australia from Victoria in contravention of the Directions, which were designed to manage the risk of the COVID-19 pandemic. The sentencing magistrate imposed a sentence of imprisonment of six months and one day, which the appellant contended was manifestly excessive. The appellant also argued that the magistrate erred by failing to consider whether to suspend the sentence of imprisonment.

The court identified the legal issues as whether the sentence was manifestly excessive and whether the magistrate erred in failing to consider whether to suspend the sentence of imprisonment. The court examined the statutory framework and relevant case law, considering the principles of sentencing for offences under emergency legislation and the purpose of the Directions. The court found that the sentence was manifestly excessive and that the magistrate had erred by failing to consider whether to suspend the sentence of imprisonment. The court held that the sentence should be quashed and the appellant re-sentenced.

The court quashed the sentence of imprisonment and remitted the matter to the sentencing magistrate for re-sentencing. The court emphasised the importance of considering the principles of sentencing for offences under emergency legislation and the purpose of the Directions, and the need for a sentence that is proportionate to the offending and the interests of justice. The court also noted that the appellant had no previous convictions and had cooperated with the authorities, and that the Directions did not explicitly state that imprisonment was the only appropriate sentence for failure to comply with them. The court's decision highlights the importance of considering the individual circumstances of each case and the need for a balanced approach to sentencing in emergency situations.