Tran v WA

[2019] WASCA 50

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Leave to appeal
5. › Factual findings by sentencing judge
6. › Whether sentencing judge erred in findings of fact after trial by jury
7. › Core facts and non-core facts
8. › Standard of proof for aggravating non-core facts
9. › Misuse of Drugs Act 1981 (WA), s 6(1), s 33(1)
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Attempted possession of prohibited drug with intent to sell or supply
6. › MDMA
7. › Darknet drug dealing
8. › Offence committed while subject to suspended imprisonment order
9. › Whether sentence of 4 years' imprisonment manifestly excessive
10. › Misuse of Drugs Act 1981 (WA), s 6(1), s 33(1)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Sentencing considerations
5. › General and personal deterrence
6. › Weight and purity of drugs
7. › Commercial gain
8. › Sophistication of offending
9. › Whether attempt to be treated as less serious than completed offence where drugs intercepted by authorities

Quick Take

The use of the darknet and Bitcoin to purchase and anonymise drug transactions may properly be characterised as sophisticated offending for sentencing purposes. An attempt to possess prohibited drugs with intent to sell or supply is not generally to be treated as less serious than a completed offence where the only reason the offence was not completed was interception by authorities. MDMA is categorised at the high end of the scale of seriousness in the hierarchy of prohibited drugs, in the same category as heroin and cocaine.