On a State appeal against sentence, even where suspended sentences for commercial drug trafficking are manifestly inadequate, the Court retains a residual discretion to decline to intervene. Where there has been significant delay (here, eight months) during which the respondent has been living in the community with excellent rehabilitation prospects, the Court may exercise that discretion to dismiss the appeal. The State should apply for urgent hearing under r 69 of the Criminal Procedure Rules 2005 (WA) or r 46 of the Supreme Court (Court of Appeal) Rules 2005 (WA) when seeking to overturn a non-custodial sentence.
The full text is available to signed-in members, including the 33 later cases that cite this judgment.
12 of the 33 citing cases carry a classified treatment. How each court treated it is available to signed-in members.