Ta v WA

[2022] WASCA 49

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Parity principle
5. › Co-offenders sentenced by same judge
6. › Whether marked and unjustifiable lack of disparity between sentences of co-offenders
7. › Whether appellant had justifiable sense of grievance
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 34(1)(a), s 34(1)(aa)
1. Criminal Law
2. › Sentencing
3. › Multiple offences
4. › Individual sentences and totality
5. › Requirement to fix appropriate sentence for each offence before considering cumulation or concurrence
1. Appeal
2. › Criminal appeal
3. › Appeal against sentence
4. › Sentencing discretion
5. › Application of House v The King principles to parity principle

Quick Take

Where a co-offender's sentence is unduly lenient and the State does not appeal, that lenient sentence becomes the benchmark against which parity must be assessed. A 3-year difference in total effective sentences was insufficient to reflect materially different culpability between a drug syndicate coordinator and a subordinate who pleaded guilty, where the coordinator was also convicted of an additional serious offence.