Ricciardi v WA

[2012] WASCA 106

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Application for leave to appeal against sentence
4. › Possession of unlicensed firearm
5. › Possession of methylamphetamine with intent to sell or supply
6. › Whether sentencing judge made error in finding of fact
7. › Whether total effective sentence infringed first limb of totality principle
8. › Whether sentence manifestly excessive
9. › Firearms Act 1973 (WA), s 19(1), s 19(1)(ac)
10. › Misuse of Drugs Act 1981 (WA), s 6(1)
1. Criminal Law
2. › Appeal
3. › Application to admit other evidence on appeal
4. › Evidence not before sentencing judge
5. › Whether evidence relevant
6. › Criminal Appeals Act 2004 (WA), s 39(1), s 40(1)(e)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Cumulative sentences
5. › Whether total effective sentence bore proper relationship to overall criminality

Quick Take

A total effective sentence of 6 years' imprisonment (12 months cumulative on 5 years) for possession of a modified unlicensed firearm and possession of 104g of methylamphetamine with intent to sell or supply does not infringe the totality principle where both offences are serious and there are no material mitigating circumstances beyond a late guilty plea. Sentences of 6 to 24 months' imprisonment have been upheld for firearms offences under s 19 of the Firearms Act 1973 (WA).