Section 11 of the Misuse of Drugs Act 1981 (WA) permits but does not mandate a compendious finding of intent to 'sell or supply' for sentencing purposes; the sentencing judge may find either intent to sell or intent to supply if the evidence permits. The customary sentence of immediate imprisonment for possession with intent to sell or supply under s 6(1)(a) does not depend on establishing commerciality. A sentencing judge is not obliged to sentence on the most favourable findings simply because the State has not proved a more serious factual basis beyond reasonable doubt.
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