Franchina v WA

[2017] WASCA 56

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifestly excessive
5. › Possession of cannabis with intent to sell or supply
6. › Whether sentence of 4 years' imprisonment manifestly excessive
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Cannabis
5. › Sentencing approach
6. › Whether court should depart from established sentencing approach
7. › Relevance of parliamentary committee reports to community standards
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Aged and infirm offenders
4. › Weight to be given to age and ill-health
5. › Whether age and ill-health reduce sentence where offending is serious and premeditated

Quick Take

Parliamentary committee inquiries and interim reports do not constitute evidence of a shift in community standards sufficient to warrant departure from established sentencing approaches for cannabis offences. The enacted laws of Parliament remain the best guide to the legislative attitude toward drug offending. The principles in Lester v The State of Western Australia [2011] WASCA 128 regarding the seriousness of cannabis trafficking remain correct.