The State of Western Australia v Edwards
Case
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[2022] WASCA 141
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AGLC
Case
Decision Date
The State of Western Australia v Edwards [2022] WASCA 141
[2022] WASCA 141
CaseChat Overview and Summary
The State of Western Australia has appealed against the sentences imposed on Joshua Kenneth Edwards, who was convicted of two counts of selling or supplying trafficable quantities of methylamphetamine and one count of dealing with money that was the proceeds of an offence. The State appeals on the grounds that the individual sentences for the drug offences were manifestly inadequate and that the total effective sentence infringed the first limb of the totality principle. The Court found that the individual sentence of 14 years' imprisonment imposed on the first drug offence count was manifestly inadequate and should be resentenced to 17 years' imprisonment. The Court also found that a total effective sentence of 17 years' imprisonment was commensurate with the seriousness of all the offending. The Court set aside the original sentences and imposed new sentences of 17 years' imprisonment on the first drug offence count, 15 years' imprisonment on the second drug offence count, and 8 years' imprisonment on the money offence count, to be served concurrently. The Court ordered that the sentences and the total effective sentence of 17 years' imprisonment were to have commenced on the date of the offending, 3 February 2021. The Court also ordered that the respondent remains eligible for parole.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Sentencing
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Manifest Inadequacy of Sentence
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Totality Principle
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Most Recent Citation
Watson v The State of Western Australia [No 2] [2024] WASCA 66
Cases Citing This Decision
12
Jey v The State of Western Australia
[2024] WASCA 86
Diamantopoulos v The State of Western Australia
[2024] WASCA 82
Watson v The State of Western Australia [No 2]
[2024] WASCA 66
Cases Cited
37
Statutory Material Cited
0
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[2019] WASCA 44
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[2018] WASCA 8
Ramachandran v The State of Western Australia
[2021] WASCA 54