Nguyen v WA

[2019] WASCA 56

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Whether sentence for drug dealing offence manifestly excessive as to type or length
6. › Possession of methylamphetamine with intent to sell or supply
7. › Low-level street dealing
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Suspended imprisonment
4. › Whether immediate imprisonment should have been suspended
5. › Serious drug offences
6. › Whether exceptional circumstances existed
7. › Sentencing Act 1995 (WA), ss 39, 76, 81
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Whether total effective sentence bore proper relationship to overall criminality
6. › Cumulative sentences for drug dealing and possession of suspected stolen property

Quick Take

A sentence of 2 years 8 months' immediate imprisonment for possession of 12.81g of high-purity methylamphetamine with intent to sell or supply, by a low-level street dealer with a prior drug conviction, is within the sound discretionary range. Street-level dealing in small quantities does not bring an offender within the exceptional category warranting suspension of imprisonment for serious drug offences.