WA v Ycl

[2024] WASCA 124

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession with intent to sell or supply
5. › Methylamphetamine
6. › Trafficable quantity
7. › Whether individual sentence manifestly inadequate
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 34(1)(a)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession with intent to sell or supply
5. › Cocaine
6. › Whether individual sentence manifestly inadequate
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 34(1)(aa)
1. Criminal Law
2. › Appeal
3. › State appeal against sentence
4. › Manifestly inadequate sentence
5. › Implied error
6. › Whether total effective sentence infringed first limb of totality principle
7. › Criminal Appeals Act 2004 (WA), s 24(1), s 31(4)

Quick Take

Even where a low-level participant in a drug distribution network is at the 'absolute bottom' of the chain, sentences of 18 months for possession of 139 g of methylamphetamine with intent to supply and 3 years 6 months for 558 g of cocaine with intent to supply are manifestly inadequate, and sentences in the range of 4-5 years are appropriate even with full mitigation.