R v Inch

The appellant in this case was convicted on his plea of guilty of producing methylamphetamine, possessing methylamphetamine, possessing cannabis, and possessing items used in connection with producing a dangerous drug. He was sentenced to 21 months imprisonment for the production of methylamphetamine, with a parole release date after serving slightly less than one quarter of the sentence. The appellant appealed against the sentence, arguing that it was manifestly excessive. The appeal was heard in the Supreme Court of Victoria.

The court was required to determine whether the sentence imposed was manifestly excessive or inadequate. The appellant argued that the sentence was excessive because the quantity and quality of the methylamphetamine produced was not established, there was no commercial element alleged, and he had cooperated fully with police, made admissions, proceeded by way of full hand-up committal, and entered an early guilty plea. The court also had to consider the appellant's drug addiction and relevant criminal history, including one drug offence committed while on bail for the present offences.

The court found that the sentence imposed was manifestly excessive in all the circumstances. The court noted that the appellant had shown insight into his addiction and had cooperated fully with police. The court also noted that the quantity and quality of the methylamphetamine produced was not established, and there was no commercial element alleged. The court found that a sentence of 15 months imprisonment with a parole release date of 16 January 2012 was appropriate.

The court varied the sentence by substituting for the sentence of 21 months imprisonment imposed in the District Court on count 1 a sentence of 15 months imprisonment, and by substituting for the parole release date of 28 February 2012 fixed in the District Court a parole release date of 16 January 2012 for each count. The sentence imposed in the District Court was otherwise confirmed.