Walker v The State of Western Australia

The case of Walker v The State of Western Australia is an appeal against sentence. The appellant was convicted of two counts of drug trafficking and sentenced to a total effective sentence of 10 years imprisonment. The appeal was brought on two grounds: (1) that the imposition of the same total effective sentence on both the appellant and his co-offender, Mr Alo, infringed the parity principle; and (2) that the sentence of 8 years and 6 months imposed on the appellant for one count was manifestly excessive.

The court considered the second ground first and found that while the sentence may be heavy, it was not manifestly excessive. The court noted that the quantity of drugs involved and the appellant's position within the drug dealing hierarchy were significant factors in the sentencing decision.

The court then considered the first ground and found that the lack of disparity in the total effective sentence imposed on both the appellant and Mr Alo was unreasonable or plainly unjust. The court noted that the additional offences committed by Mr Alo, the variety of drugs involved, and the longer period of offending by Mr Alo warranted a greater total effective sentence for him. The court found that the absence of any disparity between the total effective sentences imposed on the appellant and Mr Alo gave rise to a legitimate sense of grievance on the appellant's part and was such as to give the appearance in the mind of an objective observer that justice had not been done as between the appellant and Mr Alo.

The court allowed the appeal on the first ground and set aside the sentences imposed by the primary judge on the appellant. The court resentenced the appellant to the same individual sentences that were imposed by the primary judge, resulting in a new total effective sentence of 9 years imprisonment. The appellant should remain eligible for parole and will be eligible to be considered for release on parole when he has served 7 years in custody calculated from the date of his arrest.