West v WA

[2023] WASCA 3

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Manifest excess
4. › Drug offences
5. › Attempting to possess LSD with intent to sell or supply
6. › Whether sentence of 4 years 6 months' imprisonment manifestly excessive
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Appeal against sentence
3. › Totality principle
4. › Multiple drug offences
5. › Whether total effective sentence of 5 years 6 months' imprisonment infringed first limb of totality principle
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Sentencing remarks during hearing
5. › Whether sentencing judge's remark about effects of LSD constituted an erroneous finding
6. › Whether remark was a finding or merely an observation
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Relative harm of prohibited drugs
5. › Whether court should distinguish between drugs attracting same maximum penalty
6. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 34(1)(aa)

Quick Take

The court endorses the principle that relative harm of different prohibited drugs carrying the same maximum penalty is not a matter to be given much weight, and the method of calculating LSD quantity for drug trafficker declarations remains unresolved in drug sentencing.