Ramsden v WA

[2019] WASCA 179

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Drug offences
5. › Whether trial judge erred in findings as to commercial nature of enterprise
6. › Whether error is to be inferred on basis that sentences are unreasonable or plainly unjust
1. Criminal Law
2. › Sentencing
3. › Finding facts for purposes of sentencing after trial
4. › Respective roles of trial judge and jury
5. › Standard of proof for disputed facts adverse to offender
6. › Sentencing Act 1995 (WA), s 15
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Commercial drug dealing
5. › Sentencing considerations
6. › General and personal deterrence
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Appeal
3. › Appellate review of sentencing discretion
4. › Inferred error
5. › Whether sentence manifestly excessive
6. › Totality principle

Quick Take

The case confirms that a finding of mid-level commercial drug dealing can be sustained by the quantities and value of drugs alone, even in the absence of other indicia such as tick lists, encrypted phones, or drug-related messages. A concession by defence counsel at sentencing that the offending was commercial in nature will generally preclude a factual challenge on appeal. A total effective sentence of 7 years 6 months' imprisonment for commercial dealing in significant quantities of both MDMA and methylamphetamine, after trial, falls within the range of sound sentencing discretion.