Rigney v WA

[2008] WASCA 96

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. › Cumulative sentences
7. › Whether aggregate sentence infringed totality principle
1. Criminal Law
2. › Sentencing
3. › Discount for plea of guilty
4. › Transitional provisions
5. › Whether proper discount applied on second count
6. › Sentencing Act 1995 (WA), s 32

Quick Take

For possession of methylamphetamine with intent to sell or supply, sentences of up to 10 years' imprisonment (post-transitional) can be expected for large quantities, and between 2 and 5 years for smaller quantities (3 g to 65 g). An aggregate sentence of 6 years for two counts involving 87.74 g and 11.07 g respectively, served cumulatively, does not infringe the totality principle. A State appeal against sentence raises special considerations and cannot be relied upon by an appellant as establishing a sentencing range.