Wijnen v WA

[2024] WASCA 1

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence appeal
3. › Drug offences
4. › Possession of methylamphetamine with intent to sell or supply
5. › Trafficable quantity
6. › Whether sentence manifestly excessive
7. › Where no finding of commerciality
8. › Whether personal circumstances rendered sentence disproportionate
9. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 33(1), s 34(1)(a)

Quick Take

A sentence of 6 years 6 months' imprisonment for attempted possession of 291 g of methylamphetamine at 81-82% purity with intent to sell or supply is upheld even absent a finding of commerciality, where the offender played a significant facilitative role in the criminal enterprise.