When sentencing for offences of offering to sell or supply prohibited drugs under s 6(1)(c) of the Misuse of Drugs Act 1981 (WA), the factors identified in Vu v The Queen (terms of the offer including quantity and price, whether the offer is isolated or part of ongoing supply, extent of commercial motivation, intention to fulfil the offer, capacity to fulfil the offer, and whether fulfilment was attempted) are relevant to assessing objective seriousness. For youthful offenders convicted of commercial drug dealing, general deterrence remains the primary sentencing consideration and the mitigatory value of youth is reduced. A total effective sentence of 4 years' imprisonment for 79 drug supply offers over 18 months, involving multiple drug types and substantial quantities, was manifestly inadequate; 6 years was substituted.
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