A sentencing judge must actively seek information about the probable effect of a sentence on an offender's dependants under s 16A(2)(p) of the Crimes Act 1914 (Cth); a mere general reference to taking the effect into account is insufficient where no information has been obtained. Where an offender is the sole carer of young children and the children face grave risk of harm from the offender's imprisonment, the circumstances may be sufficiently exceptional to justify a non-custodial sentence even for a serious drug importation offence, particularly where the offender's role was minimal and she received no benefit from the offence.
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