On a Crown appeal against sentence for drug supply, the NSWCCA may exercise its discretion not to re-sentence even where manifest leniency is established, where the respondent has served the minimum term, been released, and demonstrated rehabilitation through gainful employment. There is a public interest in not interfering with demonstrated rehabilitation, particularly in the area of drug criminality. However, the case confirms that selling drugs for profit by a non-user, while subject to existing court orders, with sentences structured to provide no general deterrence, will be found manifestly lenient.
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