WA v Hunter

[2014] WASCA 87

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Manifest inadequacy
5. › Possession of methylamphetamine with intent to sell or supply
6. › Evidence of drug dealing business
7. › Whether sentence manifestly inadequate
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 34(1)(a)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Dealing or trafficking in dangerous drugs of addiction
5. › Sentencing considerations
6. › General and personal deterrence
7. › Weight and purity of drugs
8. › Nature and level of participation
9. › Commercial gain
1. Appeal
2. › Criminal appeal
3. › State appeal against sentence
4. › Principles of appellate intervention
5. › Implied error
6. › Whether sentence unreasonable or plainly unjust
7. › Criminal Appeals Act 2004 (WA), s 31(4)

Quick Take

A sentence of 3 years 8 months' imprisonment for possession of approximately 111g of methylamphetamine (42-53% purity) with intent to sell or supply, in the context of an ongoing commercial drug dealing business with evidence of record-keeping, CCTV surveillance, $38,500 cash, and unfavourable antecedents, is manifestly inadequate. The appropriate range in such circumstances is in the order of 5 years 6 months' imprisonment.