WA v Johnson

[2010] WASCA 187

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. › Cocaine
6. › Mid to upper level dealing
7. › Whether total sentence manifestly disproportionate
8. › Totality principle
9. › Misuse of Drugs Act 1981 (WA), s 6(1)
1. Criminal Law
2. › Sentencing
3. › Suspension of sentence
4. › Conditional suspended imprisonment
5. › Drug dealing offences
6. › Whether suspension appropriate for serious drug offences
7. › Youth and good character as mitigating factors
8. › General deterrence
9. › Sentencing Act 1995 (WA), s 39(2), s 39(3)
1. Criminal Law
2. › Appeal
3. › State appeal against sentence
4. › Implied error in sentencing discretion
5. › Criminal Appeals Act 2004 (WA), s 40(1)(e), s 41(4)(b)

Quick Take

For serious drug dealing offences under s 6(1) of the Misuse of Drugs Act 1981 (WA), particularly mid to upper level commercial dealing, immediate imprisonment is the appropriate sentencing option. Youth, good character, remorse, stable employment, and positive rehabilitation steps are insufficient to warrant suspension where the offending is at a very significantly higher level of seriousness than cases in which suspension has been upheld. The sentencing data in Bosworth [40]-[41] is not to be used as a sentencing matrix.