High Court of Australia

Munda v Western Australia [2013] HCA 38

249 CLR 600; 87 ALJR 1035; 302 ALR 207

2 Oct 2013

Case Number: P34/2013

Before

French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ

Catchwords

Criminal law – Appeal – Prosecution appeal against sentence – Where appellant pleaded guilty to manslaughter of de facto spouse – Where appellate court resentenced appellant on ground that original sentence manifestly inadequate – Whether appellate court failed to correctly apply principles attending disposition of prosecution appeal against sentence on ground of manifest inadequacy – Whether finding of manifest inadequacy open if similar sentences imposed for comparable offences – Whether appellate court erred in failing to exercise residual discretion.

Criminal law – Sentence – Principles – Relevance of deprived background of Aboriginal offender – Whether appellate court gave appropriate regard to appellant's antecedents and personal circumstances.

Words and phrases – "aggravating factors", "antecedents and personal circumstances", "manifestly inadequate", "mitigating factors", "residual discretion", "social disadvantage".

Criminal Appeals Act 2004 (WA) – ss 24(1), 31, 41(4).

Sentencing Act 1995 (WA) – ss 6, 8(1).
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