Le v The State of Western Australia

Augustine Vinh Quang Le appeals against the sentence of 7 years and 6 months’ immediate imprisonment imposed upon him by the District Court of Western Australia for various drug offences. The appeal concerns two grounds: first, that the learned sentencing judge failed to take into account the extent to which the appellant's culpability was diminished by the involvement of undercover police officers in encouraging the commission of the offences; and, second, that the total effective sentence of 7 years and 6 months' immediate imprisonment infringed the first limb of the totality principle. The appeal was dismissed. In relation to the first ground, the court found that the appellant's submissions were not supported by the evidence. There was no evidence to support a finding that the appellant was induced to commit offences that he would not otherwise have been disposed to commit. The evidence showed that the appellant was a willing participant in the drug dealing. The appellant's submissions were not supported by the evidence, and the court was unable to accept that the police operation played a significant role in the commission of the offences. The appellant had not demonstrated that he was induced to commit offences that he would not otherwise have been disposed to commit. The court held that the totality principle applied by analogy to the circumstances of this case. The appellant had committed numerous serious offences within a short time of his release from prison, and the need for general and personal deterrence was paramount. The total effective sentence imposed was appropriate. The appeal was dismissed.