Bropho v Harrison [2013] WASC 250

• Homeless, indigenous woman with chronic substance abuse problem sentenced to imprisonment for breaching move on order and carrying article with intent to cause fear – long history of nuisance offences
• Held on appeal sentence manifestly excessive and failed to take into account offender’s socio-economic disadvantage – referred to Neal (1982) 149 CLR 305; Fernando (1992) 76 A Crim R 58 and Churchill [2000] WASCA 230: at [44]-[48]

[48] In the present case I accept that the appellant’s offences were a consequence of her long-term issues of substance abuse which, in turn, are particular problems in the Aboriginal community of which she is a part. Her Aboriginality explains and throws light on the particular offences and her circumstances. The appellant’s position of disadvantage and her addictions were factors that had to be taken into account in order to have a proper understanding of the seriousness of her offending. The magistrate erred by failing to take into account these factors. Accordingly, leave must be granted in respect of ground 2.