Rumenos v WA

[2011] WASCA 59

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Totality principle
5. › Whether total effective sentence bore proper relationship to overall criminality
6. › Multiple burglaries and drug manufacturing
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Manufacture of prohibited drug for personal use
6. › Whether general deterrence remains dominant sentencing consideration
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(b), s 34(1)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Manufacturing methylamphetamine
5. › Personal use
6. › Relevance of quantity capable of being manufactured
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(b)

Quick Take

General deterrence remains the dominant sentencing consideration for manufacturing methylamphetamine under s 6(1)(b) of the Misuse of Drugs Act 1981 (WA) even where the drug is manufactured for personal use. A sentence of 2 years' imprisonment for manufacturing methylamphetamine for personal use is within the acceptable range given the 25-year maximum penalty. The amount of unused precursor chemicals found at the time of detection says nothing about the quantity of drug already manufactured and cannot be relied upon to reduce sentence.