Cba v WA

[2013] WASCA 144

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession with intent to sell or supply
5. › Methylamphetamine
6. › Totality principle
7. › Whether total effective sentence within permissible range
1. Criminal Law
2. › Sentencing
3. › Discount for guilty plea
4. › Whether allegation of weighting error gives rise to appellable error
1. Criminal Law
2. › Sentencing
3. › Cooperation with authorities
4. › Distinction between past cooperation and promises of future cooperation
5. › Whether s 8(5) of Sentencing Act 1995 (WA) applies to past cooperation
1. Criminal Law
2. › Sentencing
3. › One transaction rule
4. › Multiple drug possession offences
5. › Whether cumulative sentences appropriate
6. › Sentencing Act 1995 (WA), s 32

Quick Take

Section 8(5) of the Sentencing Act 1995 (WA), which requires specification of the discount for cooperation, applies only to promises of future cooperation and does not apply to past cooperation already given. An allegation of weighting error in relation to a guilty plea discount does not give rise to an appellable error.