The Court of Appeal held that although the sentencing judge made a material express error of fact by sentencing on the basis of 2153.7 g of cocaine rather than the correct quantity of 1816.7 g (a difference of 337 g), no different sentence should have been imposed. Exercising the sentencing discretion afresh under s 31(3) of the Criminal Appeals Act 2004 (WA), the Court concluded that 7 years' immediate imprisonment remained a proper reflection of the seriousness of the offending, the appellant's significant role in a drug enterprise, the high purity of the cocaine, the commercial motivation, and customary sentencing standards for possession of approximately 1.8 kg of cocaine with intent to sell or supply. The case confirms that a conceded material factual error does not automatically result in resentencing where the appellate court independently determines the sentence is appropriate on the correct facts.
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