Rxa v The State of Western Australia

RXA pleaded guilty to 15 counts of various drug offences, disputing the quantity of methylamphetamine involved in count 10. The sentencing judge conducted a trial of issues and reserved his decision, but sentenced RXA before the trial outcome was delivered. RXA was sentenced to a total effective sentence of 3 years 3 months' immediate imprisonment. RXA appeals, arguing that the absence of a letter of recognition for his assistance to WA Police led to a miscarriage of justice. The State concedes the appeal and submits that RXA should be resentenced to a lesser sentence.

The court accepted the State's concession, upheld the appeal, set aside RXA's sentences and resentenced him. The court found that RXA's cooperation with authorities was a significant mitigating factor that would have led to a materially lesser sentence. RXA was not responsible for the absence of the letter of recognition, which gave rise to a miscarriage of justice in his sentencing. The court imposed a total effective sentence of 2 years 8 months' imprisonment, backdated to 12 October 2021, and ordered that RXA be eligible for parole.

The court granted RXA an extension of time to appeal, allowed him to adduce additional evidence in the appeal, granted leave to appeal, set aside the sentences imposed by the sentencing judge and resentenced RXA as set out in the reasons.