This case involved one of seven accused who convicted of attempting to obtain possession of a prohibited import (MDMA, or ecstasy). Australian Federal Police (AFP) officers had detected the importation and intercepted and arrested the Appellant’s co-accused. One of those co-accused elected to cooperate with police.
The reason why the charge was an attempt rather than the full offence was that AFP officers had substituted a benign substance for the MDMA. The maximum penalty was life imprisonment. The Appellant was sentenced to 12 years’ imprisonment with a minimum of seven years.
On appeal it was argued that this sentence was manifestly excessive and manifestly disparate to the sentences imposed on his co-accused.
To view this past case dealing with an appeal against sentence see http://www.austlii.edu.au/au/cases/wa/WASCA/2001/192.html.