The State of Western Australia v Edwards

Case

[2022] WASCA 141


Details
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

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Manifest Inadequacy of Sentence

  • Totality Principle

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Cases Citing This Decision

12

Cases Cited

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