Benter v WA

[2005] WASCA 245

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession with intent to sell or supply
5. › Methylamphetamine
6. › Whether sentence manifestly excessive
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Relevance of prior criminal conduct
4. › Whether prior uncharged conduct may aggravate the offence
5. › Distinction between aggravation and relevance to sentencing aims
6. › Sentencing Act 1995 (WA), ss 7(1), 7(2)
1. Criminal Law
2. › Sentencing
3. › Appellate review
4. › Whether different sentence should have been imposed
5. › Criminal Code (WA), s 689(3)
6. › Criminal Appeals Act 2004 (WA), s 31(4)

Quick Take

Prior criminal conduct cannot aggravate the offence for which an offender is being sentenced under s 7(1) and (2) of the Sentencing Act 1995 (WA), but within the limits of a proportionate sentence, prior criminal conduct is relevant to sentencing aims (punishment, deterrence, protection of society) and the offender's character, with the result that a person with a prior criminal history may receive a higher sentence than a person with no such history. The mathematical approach of subtracting specific percentage amounts for particular mitigating factors is an improper fetter on the sentencing discretion.