McDOUGALL v WA

[2009] WASCA 232

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Drug offences
4. › Possession with intent to sell or supply
5. › Cocaine
6. › Role in distribution chain
7. › Whether characterisation as mid-level dealer erroneous
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentence
3. › Drug offences
4. › Possession with intent to sell or supply
5. › Whether partial personal use a mitigating factor
6. › Onus on offender to establish mitigating facts on balance of probabilities
1. Criminal Law
2. › Sentence
3. › Appeal
4. › Manifest excess
5. › Whether sentence at high end of range but within sound sentencing range
6. › Turns on own facts

Quick Take

The sentence of 4 years and 6 months' imprisonment for possession of 28.1 grams of cocaine at 67% purity with intent to sell or supply was at the high end of, but within, the sound sentencing range for a first-time offender who did not plead guilty. The distinction between intended sale and actual sale under s 6(1)(a) and (c) of the Misuse of Drugs Act 1981 (WA) does not operate as a mitigating factor. An offender bears the onus of establishing on the balance of probabilities that drugs were partly for personal use.