Goodchild v Director of Public Prosecutions for Western Australia

In the Supreme Court of Western Australia, the appellant, Clinton Robert Goodchild, appeals against his conviction and sentence for drug related offences. The appeal was heard by Derrick J. The appellant was convicted by the Magistrates Court of cultivating cannabis and possessing cannabis with intent to sell it to another. The magistrate sentenced the appellant to 10 months immediate imprisonment. The appellant contends that the magistrate erred in sentencing him to immediate imprisonment for the offences. He contends that the magistrate erred by failing to take into account his guilty pleas, by failing to take into account mitigating factors, by failing to properly consider whether to impose a suspended term of imprisonment and by imposing sentences that were manifestly excessive. The appeal was allowed. The magistrate's failure to take into account the appellant's guilty pleas and mitigating factors amounted to a material error of law. The magistrate's imposition of a term of imprisonment for the cultivation offence was manifestly excessive. The magistrate's imposition of a term of 6 months immediate imprisonment for the possession offence was also manifestly excessive. In the circumstances of the case, the appropriate sentence for the cultivation offence is a fine of $750. The appropriate sentence for the possession offence is a 6-month community based order with a supervision requirement.