A sentencing judge who both backdates sentences and reduces the aggregate term to account for pre-sentence custody commits a double-counting error under s 87 of the Sentencing Act 1995 (WA), which permits only one method of giving credit. The Pearce v The Queen requirement to fix individual sentences before considering cumulation and totality applies with full force to drug offences involving multiple counts. For street-level heroin dealing involving quantities of approximately 0.5g at high purity, individual sentences in the range of 3-4 years for possession with intent and 18 months to 3 years for individual supply offences are appropriate, subject to the offender's circumstances.
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