Dias v WA

[2017] WASCA 49

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Manifestly excessive sentence
5. › Possession of prohibited drug with intent to sell or supply
6. › Whether sentence within sound exercise of sentencing discretion
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Multiple offences
6. › Whether total effective sentence bears proper relationship to overall criminality
7. › Sentencing Act 1995 (WA), s 32
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession with intent to sell or supply
5. › Street-level dealing
6. › Relevance of drug weight, purity, organisation, and personal circumstances
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)

Quick Take

A total effective sentence of 2 years' imprisonment for ongoing street-level drug dealing involving multiple drug types (methylamphetamine, cannabis, dexamphetamine), with a prior record of drug offences and offending on bail, is within the sound exercise of the sentencing discretion. The fact that an offender is also a drug user who deals to support their habit does not reduce the seriousness of the offending.