Zhang v The State of Western Australia

The matter before the court was an appeal by the respondent against the sentence imposed by the Supreme Court of Western Australia. The appellant was found guilty of unlawfully causing grievous bodily harm with intent to do grievous bodily harm. The appeal was brought under section 398 of the Criminal Procedure Act 2004 (WA), and it contended that the sentence imposed was manifestly excessive. The court was required to determine whether the sentence was manifestly excessive and, if so, what the appropriate remedy would be.

The primary legal issue before the court was whether the sentence imposed by the trial judge was manifestly excessive. In considering this, the court needed to examine the principles governing the exercise of sentencing discretion by the trial judge, and whether the sentence imposed was outside the range of sentences that could be regarded as reasonable in all the circumstances. The court also needed to consider the principles of proportionality and deterrence in determining whether the sentence was manifestly excessive.

The court found that the sentence imposed was indeed manifestly excessive. The trial judge had failed to adequately consider the principles of proportionality and deterrence, and had instead focused on the appellant's personal circumstances. The court held that the sentence was outside the range of sentences that could be regarded as reasonable in all the circumstances, and that the appropriate remedy was to substitute a new sentence. The court ordered that the appellant be re-sentenced by a different judge, and that the new sentence be imposed within 28 days of the date of the judgment.