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.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Possession of Drugs

  • Intent to Supply

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Cases Citing This Decision

16

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