Wilson v WA

[2010] WASCA 82

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Leave to appeal
5. › Whether ground has reasonable prospect of succeeding
6. › Criminal Appeals Act 2004 (WA), s 27
1. Criminal Law
2. › Sentencing
3. › Time spent in custody
4. › Offender in custody on other offences prior to sentencing
5. › Whether appropriate credit given
6. › Sentencing Act 1995 (WA), s 87
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession of methylamphetamine with intent to sell or supply
5. › Whether sentence manifestly excessive
6. › Totality principle
1. Appeal
2. › Extension of time
3. › Whether extension should be granted
4. › Whether viable ground of appeal demonstrated

Quick Take

Where an offender is in custody on other offences prior to sentencing, section 87 of the Sentencing Act 1995 (WA) does not apply, and any credit for time served is entirely within the sentencing judge's general discretion. A ground of appeal contending that a factor was not 'adequately taken into account' is not a ground of appeal at all. A sentence of 5 years for possessing approximately 116 grams of methylamphetamine with intent to sell or supply, where the offender was dealing in small wholesale lots while on bail, is within the range of sentences commonly imposed.