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[2018] WASCA 140
Court of Appeal (WA)
2018-07-27
Buss P, Mazza JA, Beech JA
Original judgment source is linked above.
(2) The sentencing decision of Braddock DCJ is set aside.
(3) The respondent is resentenced in respect of counts 3, 6, 8, 9 and 10 in indictment IND 1211 of 2017 as follows:
(4) The new individual sentence for count 8 is to be served cumulatively upon the new individual sentence for count 6. The other new individual sentences are to be served concurrently with each other and concurrently with the new individual sentence for count 6. The new total effective sentence is therefore 16 months' immediate imprisonment.
(5) The new individual sentence for counts 3, 6, 9 and 10 and the new total effective sentence are to commence on the date on which the respondent is taken into custody for the offences.
I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.
RESEARCH ASSOCIATE/ORDERLY TO THE HONOURABLE JUSTICE BEECH
[13] Report of Dr Lynn [4]; Report of Dr Hall [10].
[15] ts 298; Report of Dr Lynn [4]; Report of Dr Hall [10].
[16] Report of Dr Hall [14], [19]; report of Ms Henshall dated 11 May 2018, p 2; report of Ms Lynn [12]; report of Ms Henshell dated 2 March 2018, p 2;
[41] Appellant's submissions [19]; appeal ts 2.
[42] Appellant's submissions [22], [23], [30] - [33], [35], [47], [61] - [63]; appeal ts 2 - 4.
[43] Respondent's submissions [35]; appeal ts 4, 6.
[44] Respondent's submissions [35]; appeal ts 6 - 7.
[45] Respondent's submissions [35]; appeal ts 8 - 9.
[46] Cross v The State of Western Australia [2018] WASCA 86 [33] - [36].
[47] GJT v The State of Western Australia [2011] WASCA 263; (2011) 214 A Crim R 272 [72]; BGR v The State of Western Australia [2014] WASCA 82 [45], [101].
[48] See, for example, GJT [74].
[50] GJT [5]; BGR [45].
[51] Collins v The State of Western Australia [2007] WASCA 108 [21]; Cartwright v The State of Western Australia [2010] WASCA 4 [10]; Cross [51].
[52] JD v The State of Western Australia [2008] WASCA 147 [18]; GJT [77].
[53] JD [18]; GJT [77].
[57] GJT [6] - [7], [11] (McLure P; Mazza J agreeing).
[58] BGR [48] (Pullin JA agreeing).
[61] CMB v Attorney-General for New South Wales [2015] HCA 9; (2015) 256 CLR 346 [33] - [34], [66].
BGR
The State of Western Australia
BGR v The State of Western Australia [2014] WASCA 82
Cartwright v The State of Western Australia [2010] WASCA 4
CMB v Attorney-General for New South Wales [2015] HCA 9; (2015) 256 CLR 346
Collins v The State of Western Australia [2007] WASCA 108
Cross v The State of Western Australia [2018] WASCA 86
GJT v The State of Western Australia [2011] WASCA 263; (2011) 214 A Crim R 272
JD v The State of Western Australia [2008] WASCA 147
(2015) 256 CLR 346