The Supreme Court held that the Magistrate's application of a maximum penalty of 25 years' imprisonment instead of the correct 10 years for possession of cannabis with intent to sell or supply under s 6(1)(a) of the Misuse of Drugs Act 1981 (WA) was a material error of law that vitiated the sentencing discretion, given the 250% overstatement related to the two principal offences. On resentencing, the Court found the effective total sentence of approximately 23 months (including 9 months on remand) was excessive having regard to comparable authorities, the appellant's youth, and the 15% guilty plea discount. Unable to backdate a conditionally suspended term of imprisonment (following SBJ v The State of Western Australia [2019] WASCA 32), and unwilling to impose immediate imprisonment, the Court set aside the suspended sentences and imposed a global fine of $200, acknowledging the approximately 17 months already effectively served.
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