A sentencing judge is entitled to have regard to all relevant evidence throwing light on objective criminality, including drugs and accoutrements found at the offender's premises, provided this is not done in a way that treats uncharged circumstances of aggravation as constituting a more serious offence. A genuine agreement to supply drugs is no less serious than a proven act of supply. Voluntary cessation of drug use alone, without entry into a rehabilitation program, is insufficient to establish special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
3 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.