Brittain v The Queen
Case
•
[2001] WASCA 117
•12 APRIL 2001
Details
AGLC
Case
Decision Date
Brittain v The Queen [2001] WASCA 117
[2001] WASCA 117
12 APRIL 2001
CaseChat Overview and Summary
The parties involved in the case were Brittain and the Crown. The dispute centred on sentencing for possession of cocaine and ecstasy with intent to sell or supply. The case was heard in the High Court of Australia. The legal issues that the court was required to decide involved whether a suspended term of imprisonment was appropriate for the offender. The offender intended to sell a portion of the drugs to finance his own use, but also had a portion for his own use. The offender was now drug free.
The court considered the factors that influenced the sentencing decision, including the offender's intent to sell a portion of the drugs to finance his own use, the fact that a portion of the drugs were for his own use, and the offender's current drug-free status. The court concluded that a suspended term of imprisonment was appropriate in this case, taking into account the offender's intent to sell a portion of the drugs to finance his own use, the fact that a portion of the drugs were for his own use, and the offender's current drug-free status. The court reduced the two sentences from 7 years imprisonment to 3 years imprisonment concurrent.
The court considered the factors that influenced the sentencing decision, including the offender's intent to sell a portion of the drugs to finance his own use, the fact that a portion of the drugs were for his own use, and the offender's current drug-free status. The court concluded that a suspended term of imprisonment was appropriate in this case, taking into account the offender's intent to sell a portion of the drugs to finance his own use, the fact that a portion of the drugs were for his own use, and the offender's current drug-free status. The court reduced the two sentences from 7 years imprisonment to 3 years imprisonment concurrent.
Details
Key Legal Topics
Areas of Law
-
Criminal Law
Legal Concepts
-
Criminal Liability
-
Sentencing
-
Possession of Drugs
-
Intent to Supply
Actions
Download as PDF
Download as Word Document
Citations
Brittain v The Queen [2001] WASCA 117
Most Recent Citation
Laws v The State of Western Australia [2007] WASCA 95
Cases Citing This Decision
16
Laws v The State of Western Australia
[2007] WASCA 95
Headley v The Queen
[2004] WASCA 88
Marker v The Queen
[2002] WASCA 282
Cases Cited
15
Statutory Material Cited
1
Kezkiropoulos v The Queen
[2002] WASCA 352
R v Van der Horst
[2006] SASC 243
R v Van der Horst
[2006] SASC 243