The Crown Law Department initiated 16 appeals in 1991 against sentences and other decisions of the courts affecting adult offenders, some of which have still to be resolved.
Attorney General Joe Berinson said the majority of the appeals - 11 of the 16 - were against sentences perceived to be inadequate.
Four of these were upheld and one has still to be determined. Five others were dismissed, and one abandoned.
Where appeals against sentence were upheld, results included:
· a six years and eight month sentence imposed on a sex offender being increased to eight years and eight months;
· sentences of six months and 18 months imposed on a kidnapper being made cumulative rather than concurrent;
· a probation order for a sex offender being replaced by imprisonment; and
· a $500 fine for conspiring to pervert the course of justice being replaced by six months' imprisonment.
A decision has still to be made on an appeal against the adequacy of a 13-year sentence, with parole, for a man convicted of 10 counts of aggravated sexual assault and five counts of sexual assault.
Appeals which were unsuccessful had questioned the adequacy of:
· probation and community service orders given to three persons convicted of intent to sell or supply heroin;
· an 18-month total custodial sentence for a man convicted of a series of sexual offences against his daughter; and
· a sentence of three years and three months for attempting to pervert the course of justice and attempting to procure others to put an explosive substance in a place.
Mr Berinson said two appeals were also lodged against decisions of the court affecting the Crown's ability to seize property. Both appeals were upheld.
In one case, a man convicted of cultivating, possessing and selling cannabis was ordered to forfeit his car in addition to his original sentence of imprisonment and forfeiture of a motor cycle, while a District Court decision not to declare another drug dealer a `drug trafficker' was overturned, meaning property acquired by the man in the preceeding six years is forfeited to the Crown unless he can prove it was not obtained unlawfully.
The Crown is still awaiting decision on appeals against the directed aquittal of three men charged with breaching the WA Companies Code.
Mr Berinson said the Crown last year for the first time also initiated appeals against sentences imposed by the Children's Court.
Two of the three appeals related to sentences imposed on juvenile car thieves who killed or severely injured members of the public. The sentences ranged from a nine month conditional release order in a case involving grievous bodily harm, to 18 months' detention where a death occurred.
The other appeal relates to the adequacy of a sentence of probation and community service work for crimes including break and enter, stealing, and setting fire to a building.
Mr Berinson said Western Australia's new independent Director of Public Prosecutions, John McKechnie QC, had now taken over all outstanding appeals.
