An inappropriate Jones v Dunkel-type comment by the Crown Prosecutor in a criminal trial may be rendered inconsequential where immediately followed by a corrective statement and reinforced by proper directions on onus of proof. Where a sentencing judge's finding as to the offender's role is not supported by the evidence, the offender should be sentenced on the simple basis of the offending against the statutory proscription, applying Olbrich. The Court expressed concern that sentences for MDMA importation may not have given adequate attention to the statutory maximum.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.