A trial judge granting leave under s 38 of the Evidence Act 1995 is not required to expressly refer to each matter in s 192(2), provided the relevant considerations are in substance addressed in the exercise of discretion. The failure to expressly advert to s 192 does not of itself vitiate the grant of leave. For Commonwealth drug importation conspiracies, the usual proportion of the non-parole period lies within 60-75% of the head sentence, with the upper part reserved for the worst class of case. The fact that law enforcement involvement made importation impossible does not of itself mitigate the offender's criminality where the offender's intention was always to import.
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