The commencing point for sentencing statutory drug offences is the statute itself, and the graduated scale of penalties in the Drug Misuse and Trafficking Act 1985 (NSW) implies that within a category, higher quantities should attract higher penalties. Cases involving large commercial quantities should be assessed against benchmarks for lesser quantities. The discount for a guilty plea may be reduced or eliminated where the Crown case is overwhelming and the offending is of the most extreme kind. Compelled forfeiture of assets under the Criminal Assets Recovery Act 1990 (NSW) does not constitute cooperation with authorities warranting a sentencing discount. On Crown appeals, even gross inadequacy of the Crown prosecutor's submissions at first instance will not preclude interference where the public interest demands it, given the magnitude of the criminality.
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