Fza v The State of Western Australia
Case
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[2022] WASCA 124
Details
AGLC
Case
Decision Date
Fza v The State of Western Australia [2022] WASCA 124
[2022] WASCA 124
CaseChat Overview and Summary
Fza v The State of Western Australia involved an appeal against the sentence imposed by Lonsdale DCJ. The appellant was convicted of four offences, including possessing a trafficable quantity of methylamphetamine with intent to sell or supply it to another, possessing a non-trafficable quantity of methylamphetamine with intent to sell or supply it to another, and possessing a sum of money that was reasonably suspected to have been unlawfully obtained. The appellant appealed on two grounds: that the sentencing judge failed to give her a discount for her past cooperation and that there was insufficient disparity between her sentence and that of a co-offender. The Court of Appeal granted an extension of time to appeal, allowed the appeal on the second ground, and resentenced the appellant. The Court found that while the sentencing judge did consider the appellant's cooperation, the reduction in sentence for the common offence was insufficient to reflect the differences between the appellant and the co-offender. The Court resentenced the appellant to a total effective sentence of 4 years' imprisonment, backdated to commence on 10 June 2020.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Jurisdiction
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Sentencing
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Parity Principle
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Totality Principle
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Mitigating Factors
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Aggravating Factors
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Most Recent Citation
Hva v The State of Western Australia [2024] WASCA 156
Cases Citing This Decision
4
Hva v The State of Western Australia
[2024] WASCA 156
HSH v The State of Western Australia
[2023] WASCA 113
Hva v The State of Western Australia
[2024] WASCA 156
Cases Cited
3
Statutory Material Cited
0
Garlett-Exell v The State of Western Australia
[2020] WASCA 179
Green v The Queen; Quinn v The Queen
[2011] HCA 49
Dui Kol v R
[2015] NSWCCA 150