Guideline judgments are considered pronouncements of the Court, not merely guidelines, and departure from them must be articulated with precision and justified by reference to subjective facts. The Fernando principles do not create a special class of persons for whom leniency is inevitably extended by reason of Aboriginality alone; they apply only where circumstances referable to Aboriginality explain or throw light upon the offence or offender. Youth and prior good character are of less significance in drug trafficking and importation offences. Subjective mitigating factors should not be double-counted in both the head sentence and the non-parole period.
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