Italiano v WA

[2020] WASCA 115

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Manifest excess
5. › Possession of methylamphetamine with intent to sell or supply
6. › Whether sentence of 4 years 3 months' imprisonment manifestly excessive
7. › Sentencing range for comparable offences
8. › Guilty plea discount
9. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 34(1)(aa)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession with intent to sell or supply
5. › Methylamphetamine
6. › Sentencing considerations
7. › General and personal deterrence
8. › Weight and purity of drugs
9. › Commercial gain
10. › Prior convictions for similar offending
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Cumulative sentences
5. › Relationship between individual sentences and total effective sentence
6. › Variation of other sentences on resentencing
7. › Criminal Appeals Act 2004 (WA), s 41(2)

Quick Take

A sentence of 4 years 3 months' imprisonment for possessing 11.7g of methylamphetamine at 81% purity with intent to sell or supply was manifestly excessive where the offender pleaded guilty and received a 20% discount, even accounting for prior convictions for similar offending. The appropriate sentence on resentencing was 3 years' imprisonment. The sentence would have been within range had the offender been convicted after trial.