Ylt v WA

[2020] WASCA 217

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Drug offences
5. › Possession with intent to sell or supply
6. › Trafficable quantity of methylamphetamine
7. › Whether sentencing judge erred in failing to treat appellant as person of prior good character
8. › Whether commercial drug dealing was aggravating
9. › Whether sentence manifestly excessive
10. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 34(1)(a)
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Good character
5. › Distinction between limited prior criminal record and positive good character
6. › Whether absence of previous convictions necessarily establishes good character
1. Criminal Law
2. › Sentencing
3. › Aggravating factors
4. › Commercial drug dealing
5. › User-dealer selling to fund personal use
6. › Whether commercial aspect of drug dealing increases culpability
7. › Sentencing Act 1995 (WA), s 7(1)
1. Criminal Law
2. › Sentencing
3. › Manifest excess
4. › Sentencing range
5. › Role of comparable cases
6. › Drug trafficking offences
7. › General and personal deterrence

Quick Take

The absence of previous convictions does not necessarily establish that an offender is 'of otherwise good character' for sentencing purposes; the assessment must have regard to all relevant facts and circumstances, including prolonged unlawful conduct not resulting in prior convictions. A 'limited' prior criminal record is not to be assimilated with positive good character. Commercial drug dealing, including selling at a profit to fund personal drug use, is properly characterised as an aggravating factor under s 7(1) of the Sentencing Act 1995 (WA).