Walker v WA

[2024] WASCA 153

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Manifest excess
4. › Drug offences
5. › Possession of methylamphetamine with intent to sell or supply
6. › Whether sentence of 3 years 4 months' imprisonment manifestly excessive
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 34(1)(aa)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Multiple drug offences
6. › Cumulation of sentences
7. › Whether total effective sentence of 4 years 1 month infringed totality principle
1. Criminal Law
2. › Appeal against sentence
3. › New evidence on appeal
4. › Psychological report
5. › Mental health issues
6. › Whether new evidence would have led to different sentence
7. › Criminal Appeals Act 2004 (WA), ss 39(1), 40(1)(e)
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Sentencing range for methylamphetamine offences
5. › Whether sentencing range from Tran v The State of Western Australia remains reliable guide

Quick Take

The sentencing range for methylamphetamine possession with intent to sell or supply in Western Australia formulated in Bosworth and adopted in Tran (2-5 years for 3-65g) is no longer a reliable guide to current sentencing patterns, and sentences have generally increased since 2010.

Case Details

Citation[2024] WASCA 153

CourtWASCA

JurisdictionWestern Australia

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Relies on

Austin v The State of Western AustraliaWASCA 191
Wark v The State of Western AustraliaWASCA 66
The State of Western Australia v MurrayWASCA 190
WRT v The State of Western AustraliaWASCA 68

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