Potaka v WA

[2017] WASCA 98

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession with intent to sell or supply
5. › Methylamphetamine
6. › Whether sentence manifestly excessive
7. › Offence committed while on parole
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Discount for guilty plea
4. › Whether sentencing judge required to expressly state head sentence before applying discount
5. › Sentencing Act 1995 (WA), s 9AA
1. Criminal Law
2. › Appeal
3. › Application for leave to appeal against sentence
4. › Principles governing appellate intervention
5. › Express and implied error
6. › Criminal Appeals Act 2004 (WA), s 27

Quick Take

Section 9AA of the Sentencing Act 1995 (WA) does not require a sentencing judge to expressly state the head sentence before applying the guilty plea discount; use of the phrase 'the sentence I would have otherwise imposed' is sufficient. Offending while on parole for the same type of offence is a significant aggravating factor, and the proximity of the offence to the expiry of the parole period does not diminish that aggravation.