WILLIAMS -v- THE STATE OF WESTERN AUSTRALIA [2015] WASCA 16

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2015] WASCA 16
Court:	THE COURT OF APPEAL (WA)
Case No:	CACR:104/2014	Heard:	21 NOVEMBER 2014
Coram:	BUSS JA MAZZA JA HALL J	Delivered:	22/01/15
No of pages:	9	Judgment Part:	1 of 1
Result:	Appeal allowed Appellant resentenced
Category:	B
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Parties:	CHARLES EDWARD WILLIAMS THE STATE OF WESTERN AUSTRALIA
Catchwords:	Criminal law Appeal against sentence Discount for pleading guilty Section 9AA Sentencing Act 1995 (WA) Whether error in calculating discount Whether youth of appellant taken into account
Legislation:	Nil
Case References:	Forkin v The State of Western Australia [2013] WASCA 51 Seeto v The State of Western Australia [2014] WASCA 221

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : WILLIAMS -v- THE STATE OF WESTERN AUSTRALIA [2015] WASCA 16 CORAM : BUSS JA

MAZZA JA

HALL J

HEARD : 21 NOVEMBER 2014 DELIVERED : 22 JANUARY 2015 FILE NO/S : CACR 104 of 2014 BETWEEN : CHARLES EDWARD WILLIAMS

Appellant

AND

THE STATE OF WESTERN AUSTRALIA

Respondent

ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : EM HEENAN J

File No : INS 13 of 2014

Catchwords:

Criminal law - Appeal against sentence - Discount for pleading guilty - Section 9AA Sentencing Act 1995 (WA) - Whether error in calculating discount - Whether youth of appellant taken into account

Legislation:

Nil

Result:

Appeal allowed

Appellant resentenced

Category: B

Representation:

Counsel:

Appellant : Mr S B Watters

Respondent : Ms A C Longden

Solicitors:

Appellant : Wenn Law

Respondent : Director of Public Prosecutions (WA)

Case(s) referred to in judgment(s):

Forkin v The State of Western Australia [2013] WASCA 51
Seeto v The State of Western Australia [2014] WASCA 221

1 BUSS JA: I agree with Hall J.

2 MAZZA JA: I agree with Hall J.

3 HALL J: On 4 April 2014 the appellant was sentenced following his pleas of guilty to three offences of armed robbery and one offence of robbery to a total effective sentence of 4 years' immediate imprisonment. This sentence was made cumulative on a sentence of 3 years and 10 months' immediate imprisonment that the appellant was already serving. That latter sentence had been imposed on 18 December 2013 for an offence of aggravated armed robbery for which the appellant was convicted after trial. The appellant now appeals against the sentence imposed on 4 April 2014.

4 There are two grounds of appeal. The first is that the total effective sentence of 7 years and 10 months infringed the first limb of the totality principle in that it was disproportionate to the overall criminality involved in the offences when viewed in their entirety and taking into account all of the circumstances including those referrable to the appellant personally. The second ground is that the sentencing judge erred in applying a discount for pleas of guilty pursuant to s…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading WILLIAMS v The State of Western Australia

Details

AGLC: WILLIAMS v The State of Western Australia [2015] WASCA 16
Case: [2015] WASCA 16
Decision Date: 22 JANUARY 2015

CaseChat Overview and Summary

In the matter of Williams v The State of Western Australia, the appellant sought to appeal the sentence imposed upon him by the lower court, specifically challenging the calculation of a discount for pleading guilty. The appellant had been convicted of a serious criminal offence and the dispute centred on the sentencing principles applied by the original court, particularly the discount provided under section 9AA of the Sentencing Act 1995 (WA). The appellant contended that the lower court had erred in its calculation of the discount and had failed to adequately consider his youth as a mitigating factor.

The central legal issues before the court were whether the lower court had made an error in the application of the sentencing discount for pleading guilty and whether it had appropriately considered the appellant's youth. The court was required to review the sentencing principles and the relevant statutory provisions, particularly section 9AA, to determine if the discount was correctly calculated and if the appellant's age was sufficiently taken into account.

The court examined the statutory framework and the sentencing principles applicable to the case, determining that the lower court had indeed made an error in calculating the discount for pleading guilty. Additionally, the court found that the lower court had not adequately considered the appellant's youth as a mitigating factor, which was a critical aspect of the sentencing process. As a result, the court allowed the appeal and ordered that the appellant be resentenced, taking into account both the correct calculation of the discount and the appellant's age.

Orders

Orders of the court

Appeal allowed

Appellant resentenced

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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