Le v WA

[2015] WASCA 73

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Offering to supply a prohibited drug
5. › Methylamphetamine
6. › Manifest excess
7. › Whether sentence of 11 years imprisonment manifestly excessive for offering to supply approximately 1 kg of high-purity methylamphetamine
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(c)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Sentencing factors
5. › Weight and purity of drug
6. › Role in offence
7. › Proximity to source
8. › Financial motivation
9. › Whether sentencing judge failed to take into account lack of criminal record and prospects of rehabilitation
1. Criminal Law
2. › Sentencing
3. › Fact-finding in sentencing
4. › Aggravating and mitigating circumstances
5. › Burden of proof
6. › Obligation to give notice if not prepared to act on uncontroverted mitigating circumstance
7. › Whether leave to add additional grounds should be granted
1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Manifest excess
5. › Standards of sentencing customarily imposed
6. › Whether comparable sentences establish range of sound sentencing discretion

Quick Take

A sentence of 11 years imprisonment (after 25% fast-track plea discount) is within the range of a sound sentencing discretion for offering to supply approximately 1 kg of high-purity methylamphetamine (62-70% purity) at a wholesale price of $370,000, where the offenders were close to the source of the drugs and motivated by financial gain. The annexure provides a useful compendium of comparable sentencing outcomes for methylamphetamine supply offences in Western Australia.