Stagno v WA

[2013] WASCA 166

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. › Relative seriousness of principal versus courier roles
6. › Whether sentencing judge erred in equating seriousness
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Whether total effective sentence bore proper relationship to overall criminality
6. › Cumulative sentences for drug and firearm offences
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Aggravating factors
5. › High purity of methylamphetamine
6. › Offending while on bail
7. › Possession of firearm in connection with drug dealing

Quick Take

Those engaged in the business of selling drugs as a principal are ordinarily regarded as more culpable than those who act as a courier, because it is the principal who stands to profit to a greater extent. A sentence of 2 years 6 months' imprisonment for possession of 13.4 g of 78% pure methylamphetamine with intent to sell or supply, committed while on bail, where the offender acted as a courier, was within the range of a proper sentencing discretion. A total effective sentence of 8 years' imprisonment for wholesale drug distribution, firearm possession and a second drug trafficking offence committed on bail did not infringe the totality principle.