North v WA

[2020] WASCA 6

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. › Whether miscarriage of justice arose from incorrect information before sentencing judge
6. › Whether evidence of past rehabilitation was material where offender refused future rehabilitation
7. › Sentencing Act 1995 (WA), s 15
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Fresh and new evidence
5. › Whether absence of evidence at first instance gives rise to miscarriage of justice
6. › Evidence known to appellant but not adduced
7. › Criminal Appeals Act 2004 (WA), s 31(4)
1. Criminal Law
2. › Sentencing
3. › Indictment
4. › Multiple counts
5. › Whether prosecution required to charge single offence for possession of multiple packages of drugs
6. › Whether separate counts for each package constituted duplicity
7. › Criminal Procedure Act 2004 (WA), sch 1 cl 7(3)
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Manifest excess
5. › Possession of prohibited drug with intent to sell or supply
6. › Totality principle
7. › Whether total effective sentence bore proper relationship to overall criminality
8. › Commercial drug offences
9. › Offending while on bail

Quick Take

Where an offender refuses to participate in future rehabilitation programs, evidence of past participation in rehabilitation is immaterial to sentencing and its absence does not give rise to a miscarriage of justice. Separate counts may be charged for each package of drugs in an offender's possession under cl 7(3) of sch 1 to the Criminal Procedure Act 2004 (WA), and the choice to charge separately should not affect the total penalty assessed by reference to overall criminality.