WA v Gholizadeh

[2024] WASCA 45

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Drug offences
5. › Possession with intent to sell or supply
6. › Heroin
7. › Whether sentence manifestly inadequate
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Whether total effective sentence failed to reflect overall criminality
6. › Multiple drug-related counts
1. Criminal Law
2. › Sentencing
3. › State appeal against sentence
4. › Residual discretion
5. › Whether residual discretion should be exercised against resentencing
6. › Criminal Appeals Act 2004 (WA), s 31(4)(a)

Quick Take

Possession of 23.5g of heroin at 71% purity with intent to sell or supply attracts a sentence of 3 years' immediate imprisonment where the offender is a user/dealer with favourable personal circumstances and receives a 20% guilty plea discount.