The High Court has dismissed a sentencing appeal against the decision of the Western Australian Supreme Court of Appeal in Western Australia v Munda.

Munda is an aboriginal man who pleaded guilty to manslaughter after killing his de facto wife, and was sentenced by the Supreme Court to 5 years and 3 months in prison. The Court of Appeal allowed a Crown appeal against the leniency of the sentence and increased it to 7 years and 9 months in prison. Three issues were raised before the High Court. First, whether the appellant’s background of deprivation and disadvantage as an aboriginal warranted a lesser sentence (the Fernando considerations); secondly, whether the Court of Appeal correctly applied the principles on manifestly inadequate sentencing; and thirdly, whether the Court of Appeal should have exercised residual discretion and disallowed the sentencing appeal.