28 Aug 2015
The judge's overall sentence of 4 years and 3 months was not manifestly excessive or wrong in principle because the sentencing starting points based on quantity were appropriate, the judge permissibly allowed reductions for the guilty plea and partial personal use, and social trafficking does not automatically warrant a significant additional discount.
18 Nov 2009
Given the substantial quantity and importation the offence was serious, but the sentencing judge had not sufficiently considered the defendant's assertions of habitual use and partial personal consumption nor other relevant factors listed in authorities; a starting point of 8 years (not 9) was appropriate and after the one‑third plea discount the sentence should be reduced to 5 years 4 months.
18 Jan 2002
A sentencer must consider and may accept mitigation that part of the drugs was for personal consumption when supported by surrounding evidence, but such mitigation will rarely materially reduce sentence because possession for trafficking carries its own sentence and latent risk may require enhancement; social/non-commercial motive alone does not warrant a general reduction from guideline tariffs based on weight. On the facts both appellants were essentially traffickers and no reduction on the self-consumption or non-commercial bases was justified.