Kirkup v WA

[2018] WASCA 102

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Selling prohibited drug
5. › Whether sentencing judge erred in finding specific deterrence was important sentencing consideration
6. › Whether sentence of immediate imprisonment manifestly excessive in type and length
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(c)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Suspended imprisonment
5. › Whether circumstances justified suspension of term of imprisonment for serious drug offence
6. › Sentencing Act 1995 (WA), ss 39(2), 39(3)
1. Criminal Law
2. › Sentencing
3. › Personal deterrence
4. › Relevance where offending is isolated incident
5. › Whether one-off nature of offending necessarily diminishes need for personal deterrence

Quick Take

The fact that a drug offence is a 'one-off' does not necessarily diminish the need for personal deterrence; whether personal deterrence is relevant is to be judged on the particular facts and circumstances, including the offender's ongoing risk of illicit substance use. Motivation to repay a drug debt does not detract from the commercial nature of a drug sale and is not mitigating.