Court of Criminal Appeal Citation : Yanko v The Queen

[2004] WASCA 37

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Possession of drug with intent to sell or supply
4. › Whether findings at sentence supported by evidence at trial
5. › Whether inferences drawn by sentencing judge were open on the evidence
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Methylamphetamine
5. › Sentencing range for commercial quantity
6. › Level of involvement in drug hierarchy
1. Criminal Law
2. › Sentencing
3. › Parole eligibility
4. › Disparity with co-offender
5. › Whether justifiable sense of grievance
6. › Sentencing Act 1995 (WA), s 89
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Cumulative and concurrent sentences
5. › Separate and unrelated offences
6. › Whether cumulative sentence exceeded what was necessary to achieve sentencing objectives

Quick Take

The totality principle requires that where a less serious offence is sentenced after a much more serious offence, and the sentencing objectives will be substantially achieved by the first sentence, the second sentence should be made concurrent rather than cumulative. Disparity with a co-offender who has been granted parole on appeal can justify granting parole eligibility to the applicant, even where the sentencing judge's original refusal was not itself erroneous.