Karakuyu v WA

[2012] WASCA 75

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Possession of prohibited drug with intent to sell or supply
6. › Whether sentence outside range of sound sentencing discretion
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Co-offenders
5. › Whether disparity in sentences gives rise to objectively justifiable sense of grievance
6. › Relevance of plea of guilty and role in offending
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple offences
5. › Whether total effective sentence bears proper relationship to overall criminality
6. › Whether sentence crushing
7. › Cumulative and concurrent sentences

Quick Take

A sentence of 3 years and 6 months' imprisonment for possession of approximately 27.6g of 48% pure methylamphetamine with intent to sell or supply, committed while on bail by a mid-level dealer without a guilty plea, is at the high end of the customary range but not manifestly excessive. A disparity of 6 months between co-offenders is justified where the appellant occupied a higher position in the drug hierarchy and did not plead guilty, even where the co-offender had a significantly worse criminal record.