Croxford v The State of Western Australia

Kym Renae Croxford appeals against her sentence for possessing 4.04 g of methylamphetamine with intent to sell or supply to another, contrary to s 6(1)(a) of the Misuse of Drugs Act 1981 (WA). The appeal is against the sentence of 9 months' immediate imprisonment, backdated to commence on 31 May 2021, which was imposed on 9 June 2021 by Goetze AUDCJ. The sole ground of appeal is that the sentencing judge erred in fact in sentencing the appellant on the basis that she was a 'low-level dealer for profit', when, at the sentencing hearing, it had been submitted on her behalf, and expressly accepted by the State, that the appellant was not dealing for profit.

The court accepted that the error in sentencing was material because it elevated the seriousness of the offending. The error was, at least, capable of affecting the sentence imposed. The court, in re-exercising the sentencing discretion, imposed a sentence of 8 months' immediate imprisonment, with eligibility for parole, to commence on 31 May 2021.