Trajkoski v The State of Western Australia

Case

[2018] WASCA 176

12 OCTOBER 2018


Details
AGLC Case Decision Date
Trajkoski v The State of Western Australia [2018] WASCA 176 [2018] WASCA 176 12 OCTOBER 2018

CaseChat Overview and Summary

The applicants, Trajkoski, were convicted in the District Court of Western Australia of possessing with intent methylamphetamine and heroin, selling methylamphetamine, and cultivating cannabis. The applicants appealed against the totality of their sentences on the basis that the combined sentences of 10 years and 6 months' imprisonment contravened the first limb of the totality principle. The applicants' appeal was dismissed by the Supreme Court of Western Australia, and they now appealed to the Court of Appeal of Western Australia. The Court of Appeal held that the sentence was not manifestly excessive or unjust, and dismissed the applicants' appeal.

The Court of Appeal considered whether the sentence imposed by the District Court contravened the first limb of the totality principle. The Court of Appeal held that the sentence did not contravene the first limb of the totality principle because the sentence was not manifestly excessive or unjust. The Court of Appeal held that the sentence was appropriate and proportionate to the seriousness of the offences, and the District Court had taken into account the relevant aggravating and mitigating factors. The Court of Appeal held that the District Court had not erred in imposing the sentence.

The Court of Appeal held that the District Court had properly exercised its discretion in imposing the sentence, and that the sentence was not manifestly excessive or unjust. The Court of Appeal held that the sentence was appropriate and proportionate to the seriousness of the offences, and that the District Court had taken into account the relevant aggravating and mitigating factors. The Court of Appeal held that the District Court had not erred in imposing the sentence, and dismissed the applicants' appeal.

No orders were made by the Court of Appeal.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Totality Principle

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Cases Citing This Decision

24

Suppressed [2025] WASCA 66
Cases Cited

3

Statutory Material Cited

1