Court of Criminal Appeal Citation : Cardile v The Queen

[2003] WASCA 72

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Attempt to possess heroin with intent to sell or supply
5. › Whether sentence of 7 years' imprisonment manifestly excessive
6. › Misuse of Drugs Act 1981 (WA), s 33(1)(b)
1. Criminal Law
2. › Sentencing
3. › Fines
4. › Capacity to pay
5. › Whether fine should be imposed where offender's assets frozen under confiscation legislation
6. › Whether fine should be imposed in addition to substantial term of imprisonment
7. › Criminal Property Confiscation Act 2002 (WA), ss 12, 17
1. Criminal Law
2. › Sentencing
3. › Discount for guilty plea
4. › Whether discount of 22% insufficient
5. › Whether mathematical precision required
6. › Whether 25-35% range mandatory
7. › Sentencing Act 1995 (WA), s 8(2)
1. Criminal Law
2. › Sentencing
3. › Parity
4. › Whether disparity between sentences of co-offenders for different offences with different maximum penalties
5. › Whether difference in statutory maxima requires proportionate difference in sentences

Quick Take

A fine should not be imposed where the offender's assets are frozen under confiscation legislation and it is unknown whether the offender will retain the capacity to pay. The 25-35% discount range for guilty pleas does not require precise mathematical computation; what matters is that the discount is substantial and reflects a proper evaluation of the worth of the plea in all the circumstances. A sentence of imprisonment that fully reflects the gravity of the offence should not be supplemented by a fine as a matter of policy.