Palladino v WA

Where an offender possesses a prohibited drug without intention to distribute into the community generally and without commercial motive, the offending is ordinarily less serious but the offender still intended to distribute a prohibited drug, which carries real potential for harm. It should not be assumed that dexamphetamine is less serious than other prohibited drugs; Parliament's uniform maximum penalties reflect a policy that courts should not create a hierarchy among prohibited drugs. A sentence of 3 years' imprisonment for possession of 730 dexamphetamine tablets (145.38 grams) with intent to supply a partner, in the context of prior drug offending and continuing drug use, was high but within the range of a sound exercise of the sentencing discretion.