The seriousness of drug importation offences under the Customs Act 1901 (Cth) must be determined primarily by reference to the statutory regime — the maximum penalties and specified trafficable and commercial quantities for the particular drug — rather than by judicial impressions of the relative harmfulness of different drugs. A person who commits a mid-range drug offence such as MDMA importation is not entitled to a sentencing discount merely because MDMA is considered less harmful than heroin or cocaine. On a weight-for-weight basis under Schedule VI, MDMA importation is more to be discouraged than cocaine or heroin importation.
The full text is available to signed-in members, including the 40 later cases that cite this judgment.
10 of the 40 citing cases carry a classified treatment. How each court treated it is available to signed-in members.