Sandwell v WA

[2012] WASCA 15

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Cultivation of cannabis with intent to sell or supply
5. › Possession of cannabis with intent to sell or supply
6. › Whether sentencing judge erred in not imposing suspended sentence by primarily having regard to number of cannabis plants cultivated
7. › Role of drug quantity in sentencing discretion
1. Appeal
2. › Criminal appeals
3. › Application for leave to appeal against sentence
4. › Alleged express error in sentencing
5. › Whether proposed ground has reasonable prospects of success

Quick Take

A sentencing judge may have particular regard to the number of cannabis plants cultivated as the 'tipping point' for imposing immediate imprisonment rather than a suspended sentence, provided all other relevant factors have been considered. This does not contravene the principle in Wong v The Queen that it is wrong to focus solely on drug quantity.