Howlett v Tasmania

The appeal in *Howlett v Tasmania* was brought by the appellant, Mr Howlett, against a sentence imposed by the Supreme Court of Tasmania. Mr Howlett had been convicted of trafficking in a controlled substance, specifically possessing methylamphetamine with the intention of exchanging it for firearms.

The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the sentence of two years' imprisonment imposed on Mr Howlett was manifestly excessive. The court was required to consider the appropriate sentencing principles for drug trafficking offences, particularly where the intended exchange was for firearms, and to determine if the original sentence reflected a proper application of those principles.

The Full Court allowed the appeal, finding that the original sentence was indeed manifestly excessive. Their Honours reasoned that while trafficking in methylamphetamine is a serious offence, the specific circumstances of the case, including the quantity of the drug and the nature of the intended exchange, warranted a lesser sentence than that originally imposed. The court applied sentencing principles that consider the objective seriousness of the offence, the subjective circumstances of the offender, and the need for deterrence and rehabilitation, ultimately concluding that a sentence of 14 months' imprisonment was more appropriate. Consequently, the appeal was allowed, the two-year sentence was quashed, and Mr Howlett was resentenced to 14 months' imprisonment, with the term to commence from 1 March 2010.