Stipanich v The State of Western Australia

David John Stipanich, the appellant, sought leave to appeal against his sentence for three drug-related offences. The offences were committed on 20 October 2020 and 16 February 2022. The appellant was convicted of possession of 6.78 g of MDMA, possession of $75,170 in cash reasonably suspected of being unlawfully obtained, and possession of 107.1 g of methylamphetamine with intent to sell or supply. The appellant was sentenced to 8 months' imprisonment for the first offence, 10 months' imprisonment for the second offence (reduced for totality reasons), and 7 years' imprisonment for the third offence. The total effective sentence was 7 years 10 months' imprisonment, backdated to take into account time spent in custody. The appellant sought leave to appeal on two grounds: the sentence for the third offence was manifestly excessive, and the total effective sentence breached the first limb of the totality principle. The Court found that the grounds of appeal had no reasonable prospect of succeeding. The Court held that the sentence for the third offence was not manifestly excessive, considering the quantity and purity of the drugs, the appellant's role as a mid-level dealer, and the need for personal deterrence. The Court also found that the total effective sentence did not breach the first limb of the totality principle, as the sentences for the first two offences were not in error and the cumulative sentence for the second offence was appropriate.

The appeal was dismissed, and leave to appeal was refused.