Nguyen v WA

[2009] WASCA 81

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parity of sentencing between co-offenders
4. › Possession with intent to sell or supply prohibited drugs
5. › Respective roles in drug distribution enterprise
6. › Whether disparity gives rise to justifiable sense of grievance
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Manifestly excessive sentence
4. › Drug offences
5. › Whether sentence adequately took into account age, antecedents and poor health
6. › Personal circumstances of offender in serious drug cases
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Sentencing range
5. › Possession with intent to sell or supply methylamphetamine and heroin
6. › Commercial quantities of high purity drugs

Quick Take

When assessing parity between co-offenders' sentences, pre-sentence custody served by a co-offender that is not reflected in the backdating of their sentence must be taken into account, as it narrows the apparent disparity between sentences. Sentences of up to 10 years' imprisonment can be expected for possession with intent to sell or supply of large quantities of methylamphetamine or heroin in WA. The personal circumstances of the offender are less important in serious drug cases than they might otherwise be.