Sakhie v WA

[2017] WASCA 103

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Leave to appeal
5. › Whether individual sentences manifestly excessive
6. › Possession of methylamphetamine with intent to sell or supply
7. › Possession of cocaine with intent to sell or supply
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Totality principle
5. › Aggregate sentence
6. › Whether total effective sentence infringed totality principle
7. › Cumulative sentences
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Possession of modified handgun without licence
5. › General deterrence
6. › Firearms in context of drug dealing
7. › Firearms Act 1973 (WA), ss 19(1)(c), 19(1)(ac)
1. Criminal Law
2. › Appeal
3. › Additional evidence on appeal
4. › Whether proposed evidence admissible
5. › Evidence of duress
6. › Mere assertions without specificity
7. › Criminal Appeals Act 2004 (WA), s 40(1)(e)

Quick Take

An aggregate sentence of 5 years' imprisonment for possession of methylamphetamine (13g, 70% purity) and cocaine (23g, 52% purity) with intent to sell or supply, together with possession of a modified handgun, with cumulative sentences, was within range for a mid-level dealer aged 22-23 with limited mitigation. Proposed additional evidence of duress on appeal must contain specific details of incidents, persons, places and times; mere assertions are inadmissible.