Le v WA

[2014] WASCA 120

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Drug offences
6. › Possession of prohibited drug with intent to sell or supply
7. › Whether individual sentences manifestly excessive
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Firearms offences
6. › Unlawful possession of modified firearm
7. › Whether sentence manifestly excessive
8. › Firearms Act 1973 (WA), s 19(1), s 19(1ac)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple offences on separate occasions
5. › Whether total effective sentence bore proper relationship to overall criminality
6. › Offending while on bail
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession with intent to sell or supply
5. › Bailee of drugs for another
6. › Whether bailment reduces culpability
7. › Misuse of Drugs Act 1981 (WA), s 3(1), s 6(1)(a)

Quick Take

An offender's motivation in dealing drugs to repay a debt owed to other drug dealers arising from the seizure of drugs the offender was holding as bailee is not a mitigating factor. The commission of drug offences while on bail for earlier drug and firearm offences is an aggravating factor reinforcing the need for a total effective sentence that deters reoffending. Section 6(1)(a) of the Misuse of Drugs Act 1981 (WA) applies to a person in possession of a prohibited drug merely as a bailee for another, by virtue of the extended definition of 'to supply' in s 3(1).