WA v Yeates

[2018] WASCA 232

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Pre-sentence orders
4. › Conditions for making pre-sentence order
5. › Whether sentencing judge could form opinion that immediate imprisonment might not be imposed if order complied with
6. › Whether seriousness of offending mandated immediate imprisonment
7. › Sentencing Act 1995 (WA), s 33A(3)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Cannabis
5. › Possession with intent to sell or supply
6. › Commercial scale operation
7. › Significance of general deterrence
8. › Weight to be given to personal mitigating factors
9. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Appeal
3. › State appeal against sentence
4. › Appeal against pre-sentence order
5. › Whether pre-sentence order is an 'order made as a result of a conviction'
6. › Criminal Appeals Act 2004 (WA), s 24(1)(a)

Quick Take

For commercial-scale cannabis dealing offences involving approximately 2.5 kg for sale, two years of production, and prior relevant convictions, immediate imprisonment is the only appropriate sentencing option and a pre-sentence order under s 33A(3) of the Sentencing Act 1995 (WA) cannot be made, even where the offender has taken significant steps towards rehabilitation. The firmer sentencing approach to cannabis dealing endorsed in Lester continues to apply.