Dao v The State of Western Australia

The appeal in Dao v The State of Western Australia involved the appellant, Dao, who was found in possession of significant quantities of heroin and methylamphetamine at an airport. Dao, a 51-year-old single mother with two children, was apprehended carrying these drugs with the intent to sell or supply. The primary issue before the court was whether the sentence of six years' imprisonment was manifestly excessive and whether the sentences should have been wholly concurrent or partially cumulative.

The court considered the severity of the drug offences, the appellant's role in the crime, and her personal circumstances, including her status as a single mother. The appellant argued that the sentence was excessively harsh, considering her age and family responsibilities. The court weighed these factors against the seriousness of the crime, which involved large quantities of dangerous drugs, and the appellant's knowledge and intent. Ultimately, the court determined that the sentence was not manifestly excessive and that the trial judge's decision to impose partially cumulative sentences was appropriate given the circumstances of the case.

As a result of the court's reasoning, the appeal was dismissed, and leave to appeal was refused. The appellant's argument that the sentence was excessively harsh was not upheld, and the original sentence and sentencing structure were affirmed. This decision underscores the court's focus on balancing the gravity of the offence with personal circumstances while maintaining the integrity of the sentencing process.