A factual error by a sentencing judge (here, finding the offender drove a vehicle when the evidence did not support this) is not material to the exercise of the sentencing discretion where the aggravating feature was the offender's participation in the activity, not who drove. A 5% discount under s 9AA of the Sentencing Act 1995 (WA) is appropriate for a very late guilty plea entered on the first day of trial in response to a strong prosecution case. The majority and dissent disagreed on whether 6 years' imprisonment was manifestly excessive for a low-level participant in possession of 1.97 kg of cocaine, with the dissent favouring 4 years 6 months.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.