Worthington v The State of Western Australia

The case of Worthington v The State of Western Australia concerns the appellant's application for an extension of time to appeal against his sentence, as well as the subsequent application for leave to appeal. The appeal was filed approximately five weeks out of the statutory time limit, but the appellant provided an affidavit explaining the delay. The appellant had pleaded guilty to 20 counts of various offences, including aggravated burglary, burglary, stealing, and fraud. He was sentenced to a total effective sentence of 6 years and 6 months imprisonment. The appellant did not challenge the individual sentences but argued that the total effective sentence was contrary to the first limb of the totality principle.

The primary legal issue before the court was whether to grant the appellant an extension of time to appeal and, if so, whether to grant leave to appeal against the sentence. The court considered the appellant's explanation for the delay in filing the appeal and assessed whether the appellant had a bona fide and reasonable excuse for the delay. Additionally, the court examined whether the appellant's total effective sentence was appropriate and whether it infringed the first limb of the totality principle.

In granting the appellant an extension of time, the court found the affidavit to be an adequate explanation for the delay. The court further considered the appellant's sole ground of appeal, which alleged that the total effective sentence infringed the first limb of the totality principle. However, the court found that the sentence was not excessive and was appropriate given the appellant's offending. Therefore, the court refused to grant leave to appeal against the sentence.

The court's final orders were to grant the appellant an extension of time to appeal and to refuse leave to appeal against the sentence.