Munda v. The State of Western Australia

Lower Court Judgment

22/08/2012 Supreme Court of Western Australia (Court of Appeal) (McLure J, Buss J, Mazza J)

[2012] WASCA 164

Catchwords

Criminal law – Sentencing – Residual discretion – Principles which govern the operation of residual discretion – Appellant found guilty of unlawful killing of de facto wife – Sentenced to 5 years and 3 months imprisonment – Court of Appeal allowed Crown appeal and increased sentence to 7 years and 9 months – Court of Appeal accepted that it had a residual discretion to disallow a prosecution appeal against sentence but chose not to exercise it – Whether Court of Appeal erred in holding that residual discretion should only be exercised where parity considerations arise.

Criminal law – Sentencing – Fernando considerations – Whether Court of Appeal erred in its application of the Fernando principles.

Criminal law – Sentencing – Manifest inadequacy – Whether prosecution appeal contending manifest inadequacy is a proper occasion for an intermediate court to review the appropriateness of a sentencing range.

Short Particulars