Where a sentencing judge makes an erroneous finding of an aggravating circumstance by inference, the appeal court may nonetheless dismiss the appeal if, on the correct factual basis, the same sentence would have been imposed. A sentence of 10 years' imprisonment (after 20% guilty plea discount) for possession with intent to sell or supply of 1.480 kg of methylamphetamine at 80.7% purity, where the offender was an established drug dealer, falls within the appropriate sentencing range in Western Australia.
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