WA v Wickham

[2009] WASCA 137

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Prosecution appeal
4. › Possession of prohibited drug with intent to sell or supply
5. › Failure of sentencing judge to make finding on disputed factual issue
6. › Whether sentencing judge erred in failing to find respondent's intention regarding methylamphetamine
7. › Whether remitter to District Court required
8. › Criminal Appeals Act 2004 (WA), s 31(3), s 31(4)(a), s 31(5)(b)
1. Criminal Law
2. › Sentence
3. › Sentencing procedure
4. › Fact-finding on sentence
5. › Controverted assertions by offender
6. › Obligation of sentencing judge to resolve disputed facts
7. › Whether evidence must be called when assertion controverted

Quick Take

Where the prosecution controverts an offender's assertion about intent on a drug possession with intent to sell or supply charge, the sentencing judge must make a finding resolving that dispute before sentencing. Failure to do so is an error of law leading to a miscarriage of justice requiring resentencing. Where the affected sentence is integral to the overall sentencing disposition, all sentences must be set aside and the matter remitted.