Den Ridder v The State of Western Australia

The appellant, Rick Jarad Den Ridder, sought leave to appeal against the sentence imposed upon him by the District Court of Western Australia. The appellant was sentenced to 8 years and 6 months' imprisonment for multiple drug-related offences, including selling and supplying methylamphetamine and cannabis, as well as possessing unlawfully obtained property. The appellant argued that the sentence of 5 years' imprisonment for offering to sell or supply a trafficable quantity of methylamphetamine was manifestly excessive and that the total effective sentence infringed the first limb of the totality principle.

The Court of Appeal found that neither ground of appeal had a reasonable prospect of succeeding. The court noted that the appellant's offending was part of a pattern of drug-related criminal activity, and that the sentence imposed was consistent with the maximum penalty prescribed by law for the crimes committed. The court found that the sentence on count 10 was not manifestly excessive, and that the total effective sentence did not infringe the first limb of the totality principle. The appeal was dismissed, and leave to appeal was refused.