Bosworth v WA

(2007) 175 A Crim R 49; [2007] WASCA 144

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession of methylamphetamine with intent to sell or supply
5. › Whether sentence manifestly excessive
6. › Comparable sentences
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Selling methylamphetamine
5. › Whether sentence manifestly excessive
6. › Voluntary disclosure of offences to police
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(c)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple drug offences
5. › Whether aggregate sentence just and appropriate measure of total criminality
6. › Cumulative and concurrent sentences

Quick Take

For possession with intent to sell or supply of approximately 84 grams of methylamphetamine at 24% average purity as part of a commercial enterprise, a sentence of 5 years 10 months is at the high end but within range. A total effective sentence of 7 years 4 months for that offence combined with 10 concurrent counts of selling 3.5 grams each infringes the totality principle where the selling counts arose from the same commercial enterprise and were disclosed voluntarily by the offender. The case provides a comprehensive survey of sentencing ranges for mid-range methylamphetamine dealing (3g-65g) in Western Australia, with sentences typically ranging from 2 to 5 years.