Beske v WA

[2006] WASCA 285

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession with intent to sell or supply
5. › Methylamphetamine
6. › Whether immediate imprisonment appropriate
7. › Whether sentence should have been suspended
8. › Sentencing Act 1995 (WA), s 76
1. Criminal Law
2. › Sentencing
3. › Sentencing process
4. › Order of determination
5. › Whether sentencing judge must determine term of imprisonment before considering suspension
6. › Sentencing Act 1995 (WA), s 76(1), (2)
1. Appeal
2. › Criminal appeal
3. › Application for leave to appeal against sentence
4. › Whether reasonable prospect of succeeding on appeal
5. › Criminal Appeals Act 2004 (WA), ss 27(1), 27(2), 27(3)

Quick Take

The correct sentencing approach for considering suspension of imprisonment requires the sentencing judge to determine the appropriate term of imprisonment before considering whether to suspend, but sentencing remarks are not to be read as an exercise in statutory construction and need not demonstrate the precise order of reasoning.