Comparative Sentencing Tables, Letters of Recognition Protocols & Section 32 Offences
Section 32 Offences
As of 6 March 2017 the Office of the Director of Public Prosecutions will only consent to a pending charge or charges being dealt with by a superior court pursuant to section 32 of the Sentencing Act 1995 if it is :
- An indictable charge within the meaning of section 3 of the Criminal Procedure Act 2004; or
- A charge of a simple offence which is connected to an indictable charge on the indictment which is to be dealt with by the superior court.
For the purposes of assessing the connection of the simple offence to the indictable charge, the test set out in Schedule 1, Division 2, Clause 7(3) of the Criminal Procedure Act 2004 will be applied.
Further information in relation to the approach to be taken in the future by the ODPP in relation to requests made by accused people to superior courts pursuant to section 32 of the Sentencing Act 1995 is set out in the attached Notice.
Letters of Recognition
The Office of the Director of Public Prosecutions and the Western Australia Police have settled a joint protocol regarding the issuing and handling of Letters of Recognition (also known as Letters of Comfort or Letters of Support), which are provided in circumstances where an offender has provided information that has assisted the Western Australia Police to the extent that it warrants the provision of a Letter of Recognition.
The Office of the Director of Public Prosecutions and the Law Society of Western Australia have settled a joint protocol regarding the circumstances in which a Letter of Recognition will be made available to Defence Counsel by the Office of the Director of Public Prosecutions.
- Joint Protocol between the Office of the Director of Public Prosecutions and the Law Society of Western Australia regarding circumstances in which Letters of Recognition will be made available to Defence Counsel
- Joint Protocol between the Director of Public Prosecutions and Western Australia Police regarding issuing and handling of Letters of Recognition
Comparative Sentencing Tables
The Comparative Sentencing Tables are prepared by the ODPP for use by State prosecutors in the Court of Appeal and at sentencing hearings. The Comparative Sentencing Tables outline decisions of appeal hearings that consider the sentences imposed for various criminal offences. The Tables are published to assist legal practitioners and members of the public. Whilst every effort is made to ensure the accuracy of the summaries the Tables are not prepared as a substitute for reading the decisions of the appeal hearings which are published on the website of the Supreme Court of WA.
Comparative sentencing tables are located on the ODPP webpage and updated regularly. Due to the growing number of cases recorded in the tables it has been decided to separate the tables into two categories:
- Decisions delivered prior to 1 January 2014 and;
- Decisions delivered from 1 January 2014.
Decisions prior to 1 January 2014 can be found in the menu items under ‘Sentencing’.
Decisions from 1 January 2014 can be found on the main sentencing page under ‘Comparative Sentencing Tables’.
Decisions from 1 January 2014
- s 281 Criminal Code Unlawful Assault Occasioning Death
- ss 279, 283 and 556 Criminal Code Murder, Attempted Murder and Attempt to Procure Another to Murder
- s 414 Criminal Code Receiving stolen or fraudulently obtained property
- s 563A Criminal Code Property laundering
- s 301 Criminal Code Unlawful wounding
- s 317(1) Criminal Code Assault occasioning bodily harm
- s 297 Criminal Code Grievous bodily harm
- ss 392 and 393 Criminal Code Armed robbery (committed on an individual)
- s 392 Robbery and Aggravated robbery
- s 401 Criminal Code Aggravated burglary (home invasions)
- s 401 Burglary
- s 401 Aggravated burglary (residential properties)
- 378(7) Criminal Code Stealing
- s 6(1)(a) Misuse of Drugs Act Possess cocaine with intent to sell or supply
- s 6(1)(a) Misuse of Drugs Act Possess heroin with intent to sell or supply
- s 6(1)(a) Misuse of Drugs Act Possess MDMA (ecstasy) with intent to sell or supply
- s 6(1)(a) Misuse of Drugs Act Possess MDPV with intent to sell or supply
- s 6(1)(a) Misuse of Drugs Act Possess methylamphetamine with intent to sell or supply
- s 6(1)(a) Misuse of Drugs Act Possess prohibited drugs with intent to sell or supply (arranged by weight)
- s 6(1)(b) Misuse of Drugs Act Manufacture prohibited drug and s 33(1) Misuse of Drugs Act Attempt to manufacture prohibited drug
- ss 6(1), 7(1) and 7(2)Misuse of Drugs Act Possess and Cultivate cannabis with intent to sell or supply
- s 54 Road Traffic Act Driver in incident occasioning bodily harm, fail to stop, ensure assistance and give information
- s 59 Road Traffic Act Dangerous driving occasioning death (no circumstances of aggravation)
- s 59 Road Traffic Act Aggravated dangerous driving occasioning death and s 280 Criminal Code Manslaughter (vehicular)
- s 59 Road Traffic Act Dangerous driving occasioning grievous bodily harm
- s 124 Criminal Code Perjury
- s 143 Criminal Code Pervert the course of justice and s 135 Criminal Code Attempt to pervert the course of justice
- s 204B Criminal Code Use electronic communication to procure, or expose to indecent matter, child under 16 (cyberpredator)
- s 280 Criminal Code Manslaughter
- s 294 Criminal Code Acts intended to cause grievous bodily harm
- s 301 Unlawful wounding, s 294 GBH and s 297 Acts intended to cause grievous bodily harm
- s 304 Criminal Code Acts or omissions causing bodily harm or danger
- s 317A Criminal Code Assaults with intent
- s 318 Criminal Code Assault public officer
- ss 279, 283 and 556 Criminal Code Murder, Attempted Murder and Attempt to Procure Another to Murder
- ss 323 and 324 Criminal Code Indecent Assault and Agg Indecent Assault
- ss 325 and s326 Criminal Code Sexual penetration without consent and aggravated (adult victims)
- ss 325 and 326 Criminal Code Sexual penetration without consent and aggravated sexual penetration without consent (home invasion)
- s 332 Criminal Code Kidnapping
- s 333 Criminal Code Deprivation of Liberty
- ss 338A and 338B Criminal Code Threats
- s 338E Criminal Code Stalking
- ss 378(7) and 378(6) Criminal Code Stealing as a servant or public servant
- ss 392 and 393 Criminal Code Armed robbery (committed on banks)
- ss 392 and 393 Criminal Code Armed robbery (committed on smaller establishments)
- ss 392 and 393 Criminal Code Armed robbery (divided by immediate and suspended imprisonment)
- ss 392 and 393 Criminal Code Armed robbery (using a syringe)
- s 397 Criminal Code Extortion
- ss 552, 392 and 393 Attempted Armed robbery and Assault with intent to rob
- s 401 Aggravated burglary (commercial properties)
- s 409 Criminal Code Fraud
- s 414 Criminal Code Receiving stolen or fraudulently obtained property
- ss 444 and 445A Criminal Code Arson, Breach of Duty by Person in Control of Ignition Source or Fire and s 32(2) Bush Fires Act Light fire likely to injure
- Child sexual offences (historical)
- Children's Court Sentence Appeals
- Indecent dealing
- Possess child exploitation and child pornography
- Sexual offences (child victim)
- Sexual offences (lineal or de facto child victim)
- Sexual relationship with child
Last updated: 14-Jan-2020
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